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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. These lawsuits typically involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review all medical records and other documents, to determine the totality and cost of your injuries and damage. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury case the courts award them funds to pay for their damages. These funds may be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are those that can be quantified that can be itemized like medical bills and lost earnings. General damages are difficult to place a dollar value on, like pain and suffering and loss of enjoyment. Keep a journal in which you can record how your injuries affected your life. This increases your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, your daily pain levels and bouts of mental stress, and how your injuries affect your ability to participate in the activities you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is most common when a business or person is guilty of fraud, criminal intent or gross negligence. The court can also award punitive damage to deter other people from acting in the same way. The defendants are served with an order with a complaint after a lawsuit has been filed. They are then required to file a response, also known as an answer within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed, the case will enter an investigation stage, known as discovery. The parties will share information and evidence in this stage, including taking depositions. This phase takes up the majority of the timeline for personal injuries. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is possible that you'll lose the right to damages. It is crucial to speak with an attorney in personal injury as soon as possible, even if you're not sure whether the accident occurred within the timeframe. A statute of limitations is a law in a state that establishes a deadline for filing an action. In the majority of states the statute of limitations begins the date that the accident or incident led to your injuries. The time limit to file a lawsuit also depends on the party you are seeking to sue. If you want to sue an entity of municipal government (such as the city or county), the deadline will be shorter. Additionally, there are certain situations that could alter the statute of limitations in your case. For instance, if you were exposed to harmful substances or a victim of medical malpractice, the statute of limitations may start when you discover or should have discovered, that your injuries were caused by negligence. In certain cases, the statute of limitations may be extended for minors. If you file a claim for injury after the statute of limitations has expired the defendant will likely tell the court about this and request that your lawsuit be dismissed. If this happens, the court will summarily dismiss your claim without a hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your situation and determine if you are eligible to file an official claim. Complaint A complaint is a legal formal document filed by a plaintiff that alleges an action and demands legal relief. The complaint should also state the kind of compensation the plaintiff seeks. The defendant must then respond within a specific timeframe. A defendant will usually decline to respond. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. In most cases, personal injury claims are based on actual bodily harm. Physical injuries can be extremely costly, and your attorney will work to ensure that you receive compensation for any current medical bills as well as any anticipated future expenses. These expenses include medications or home care as well as physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes things such as the inability to walk, drive, or sleep normally. This kind of injury is known as pain and suffering. The court will call a preliminary conference when the complaint has been filed. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then prepare an Bill of Particulars. This is a thorough account of your injuries. Allen injury lawsuit will include the losses you have suffered including your current and future medical expenses loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life as well as any other non-monetary damages that you are seeking. If your case is deemed to be a probable cause you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable cause or because the court is not in jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff files the complaint with a court and sends a copy of the document to the defendant by registered or certified mail within a specific time frame. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in more specific detail. This could include photos of your injuries, medical expenses and lost wages. The document also contains details regarding the accident and why you believe the defendant is accountable for the damage. During the middle phase of a lawsuit, referred to as “discovery” the parties is given the chance to ask questions and examine evidence presented by the other party. Your attorney is crucial during this stage of negotiations because the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer can also request to have you examined by the doctor of their choice regarding the damages and injuries you're claiming. If you don't show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After discovery and inspection have been completed, attorneys on both sides may file something called a “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then schedule the trial. During the trial, a jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is to blame, the jury may award you damages. If the defendant isn't responsible, the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical such as discomfort and pain, as well as loss of companionship. In the early stages of your case, your lawyer will research the accident to determine what occurred and the extent of your losses. Then, he or she will negotiate with the insurance company. Your attorney will keep you up-to the minute on any negotiations or significant developments during this process. Once negotiations have failed and your lawyer has to submit a formal complaint to the court against the defendant. A Complaint is the initial official document in a civil suit that identifies the parties, describes the incident, argues for wrongdoing, and seeks compensation. The complaint must be served personally, which means that it must be delivered physically to the defendant. It usually takes about a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant acknowledges the allegations made in the Complaint or denies them. During this time, your lawyer can provide medical records, documents and other evidence to support of your case. The lawyer for the defendant will provide a response to these documents and the two sides will engage in further negotiations. If the parties can't reach an agreement, then mediation or arbitration may be required prior to a trial can take place. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any companies with liens on your monetary award from a specific account before distributing a check.