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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. The cases typically involve a person at fault (defendant) and an injured party known as the plaintiff. Your attorney will review your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury lawsuit the judge will award the plaintiff money to pay damages. These funds may be awarded in a lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be categorized, such as medical bills and lost earnings. General damages are harder to put a dollar amount on, such as suffering and suffering, as well as loss of enjoyment of life. Keeping a journal detailing the way your injuries have affected you the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to complete things you once took for granted. In a majority of personal injury cases, more than one defendants are responsible. This is particularly true when an individual or business acts with gross negligence, fraud, and criminal motives. The court may also award punitive damage to discourage others from acting in the same way. The defendants will receive a summons with a complaint after a lawsuit has been filed. They are then required to submit a response which is also known as an answer within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will share information and evidence during this stage and may even conduct depositions. This is the majority of a personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out you could lose the right to claim damages. It is crucial to speak with an attorney in personal injury as soon as possible, even if you're not certain whether the incident occurred before the deadline. A statute of limitation is a law of the state that establishes a deadline for filing a lawsuit. In many states the statute of limitations starts on the date of the incident or incident caused your injuries. The deadline to file a lawsuit for personal injuries is dependent on the person you are suing. For instance, if want to sue a municipal government entity (such as a city or county), the deadline is shorter. In addition there are certain circumstances that could alter the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for example, the statute of limitation may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases, the statute of limitations is tolled for minors. If you file a personal injury claim after the time limit has expired the defendant will likely point this out to the court and ask for the dismissal of your lawsuit. In this case the court will dismiss your claim summarily without a hearing. Fullerton injury lawyer is why it's crucial to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document filed by a party that alleges a cause for action and demands the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a certain timeframe. A defendant is likely to deny the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf. In most cases, personal injury claims involve actual bodily harm. Physical injuries can be extremely costly, and your attorney will work to ensure that you are compensated for any existing medical bills, as well as any anticipated future expenses. These expenses include medication, home care, and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes things like the inability to drive, sleep or walk normally. This kind of injury is known as pain and suffering. If a complaint is filed when a complaint is filed, the court will convene a preliminary conference to set the date for the mandatory oral and physical examinations as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. This is a thorough description of your injuries. It will include all your losses including the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment as well as any other damages not monetary you seek. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy by registered or certified mail within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in more depth. It may include photographs of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is responsible for your injuries. In the middle of a lawsuit, referred to as “discovery”, each party has the opportunity to ask questions and look over evidence presented by the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, so your attorney will play a crucial role in negotiations during this stage. Your lawyer may also request that you be examined by any doctor they choose in regard to the injuries and damages you're claiming. If you don't attend, the court could dismiss your case. Or order that you pay for the doctor's examination costs. After a discovery and inspection, attorneys on both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then decide the trial date. During the trial the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is to blame the jury could award you damages. If the defendant isn't responsible and the jury denies your claim. Trial Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful deaths (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit may also be filed for injuries that are not physical like discomfort and pain and loss of companionship. Your lawyer will conduct an investigation on your accident in the initial stages of the case to determine the exact cause and the extent of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at fault. Your lawyer will keep you informed and up to current on any negotiations and significant developments throughout this process. If negotiations fail the lawyer will file a formal complaint in court against the defendant. A Complaint, the first official document of civil lawsuits, names all parties, describes the incident and alleges wrongdoing. It also demands compensation. The complaint must be served personally which means it must be handed over physically to the defendant. This usually takes around one month. After service, the defendant has 30 days to “answer” the Complaint. The answer is whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. During this stage your lawyer will provide medical records, documents as well as other evidence to prove your argument. The lawyer representing the defendant will then respond to these documents, and then the two sides will begin discussions. If the parties are not able to reach a settlement, mediation or arbitration may be required before your case is put to trial. However, a large percentage of personal injury cases settle outside of court. When a settlement is reached, your lawyer must pay any businesses that have liens on the monetary award out of a special account for escrow before he or they can issue a check.