How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these situations the defendant is typically the person responsible for the incident. The plaintiff is typically the party who is injured. Your lawyer will review all medical records, as well as other documentation, to determine the totality and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury lawsuit, the court gives the plaintiff a sum of money to cover damages. The funds can be awarded in a lump sum or distributed 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 listed, such as medical bills and lost earnings. General damages are harder to place a dollar value on, such as the suffering and pain, and the loss of enjoyment. Keep a journal to document how your injuries impacted you. This will increase your chance of receiving the most compensation for noneconomic damages. These include the effects on your relationships, daily pain levels, and episodes of mental anguish, and how your injuries impact your ability to engage in activities that you used to take for taken for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or person acts with criminal intent, fraud, and gross negligence. The court can also award punitive damage to deter other people from acting in the same way. The defendants will receive a summons along with a complaint after a lawsuit has been filed. The defendants are required to respond (also called an answering) within 30 days. Usually, auto accident injury lawyers deny the allegations in the complaint. Once the answer is filed, the case will enter an investigation stage, known as discovery. Both parties will exchange information and evidence during this stage and may even conduct depositions. This is where you will find the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired, you will likely lose the right to claim damages. That's why it is important to speak with an attorney for personal injury about your case early even if not certain if the incident occurred before the deadline. A statute of limitations is a state law which sets a time frame on how long you can file an injury lawsuit. In most states the statute of limitations starts on the date of the incident or incident caused your injuries. The time frame for filing a lawsuit for injury is dependent on the person you are seeking to sue. If you are suing an entity of municipal government (such as city or county), the deadline will be much shorter. In addition, there are certain situations that can change the statute of limitations in your particular case. For instance, if were exposed to harmful substances or a victim of medical malpractice the time limit may begin when you discover or ought to have discovered, that your injuries were caused by negligence. In certain cases minors are exempt from the statute of limitations. If you file an injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and request the case to be dismissed. In this scenario, the court will dismiss your claim summarily without hearing. It is crucial to speak with a personal injury lawyer 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 formal legal document filed by a plaintiff which declares a cause of action and demands the judicial remedy. The complaint should also state the type of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specified timeframe. The defendant is usually able to reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered for the petitioner. Personal injury claims are usually founded on bodily injury. Physical injuries can be very expensive, and your attorney will work to ensure that you get paid for any existing medical bills and any future expenses you anticipate. These include things like medication, home care and physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as suffering and pain. If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to schedule mandatory physical and oral examinations as well as any document production. After the conference your lawyer will draft an Bill of Particulars. It is a thorough description of your injuries. This will include the losses you have suffered including your future and current medical expenses, lost wages and property damage. Your lawyer will also outline the possible emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that you are seeking. If your case is found to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant through certified or registered mail within a specific timeframe. The defendant has to respond, or they risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in more depth. This could include photos of your injuries, medical expenses and lost wages. The document also includes information regarding the accident and why you believe the defendant is accountable for the damage. During the middle part of a lawsuit, also known as discovery, each party is allowed to ask questions and examine evidence held by the other party. Your attorney will be important during this stage of negotiations as the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer may also request that you undergo an examination by the doctor of their choice in relation to the damages and injuries you're seeking. If you fail to attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs. After discovery and inspection have been completed, attorneys on both sides can file a document known as an Notice of Issue and a Statement of Readiness for Trial. This informs the court that your case is now ready to go to trial. The judge will then determine the trial date. During the trial, a jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't accountable, the jury will reject your claim. Trial A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries such as the suffering of others and loss of companionship. In the beginning of your case the lawyer will investigate the accident to determine what happened and the magnitude of your injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your lawyer will keep you informed and up to date on any negotiations and significant developments during this process. After negotiations have failed, your lawyer will file a formal complaint in the court against the defendant. A Complaint, the first official document in civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. This usually takes approximately a month. Once service is complete the defendant has to answer the Complaint within a specific time frame, which is typically 30 days. The answer will tell you if the defendant is willing to admit the allegations in the Complaint or denies them. In this stage your lawyer may submit 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 are not able to reach an agreement and mediation or arbitration might be required prior to your case can go to trial. A large portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer has to pay any businesses that have lien on the money settlement out of a separate escrow account before he or they can issue an official check.
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