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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. These cases often involve a person who is at the fault (defendant) and an injured party known as the plaintiff. Your attorney will examine your medical records and other documents to determine the extent of your injuries, costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury case, the judge awards them money to pay for damages. The money can be awarded in a lump sum or spread out over a time period or as part of the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are the ones that can be quantified that can be listed for medical expenses and lost earnings. General damages are more difficult to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment of life. Keep a journal in which you can record how your injuries impacted your life. This will increase your chance of receiving maximum compensation for the non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental anxiety and how your injuries affect your ability to engage in activities you once took for taken for granted. In many personal injury lawsuits, there are multiple defendants. This is most common when a business or individual commits fraud, criminal intent and gross negligence. The court may also award punitive damage to deter other people from engaging in the same manner. Once Clovis injury lawyers You Tube is filed and the defendants are served with a summons and complaint. They will then be required to respond, also known as an answer within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After the answer is filed, the case will enter a fact-finding stage known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This is the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it's likely that you'll lose the right to damages. It is essential to speak with an attorney for personal injuries whenever you can, even if you're not certain if the incident occurred within the timeframe. A statute of limitation is a law in a state that provides a time frame for filing a lawsuit. In the majority of states the statute of limitations begins on the date on which the accident or incident led to your injuries. The deadline to file a lawsuit for personal injuries also depends on the person you are suing. For instance, if you would like to sue a local government entity (such as a county or city) the deadline is significantly shorter. In addition there are certain circumstances that can change the statute of limitations in your situation. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations could begin when you realize or reasonably ought to have realized that your injuries are the result of negligence. In certain cases the statute of limitations may be tolled for minors. If you file a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and request to dismiss your claim. If this occurs, the court could summarily dismiss your claim without hearing. This is why it's important to talk with an experienced personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal document filed by a person who alleges a cause of action and demands judicial relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant must then respond within a set timeframe. A defendant will usually deny the claim. If the defendant does not respond, default judgment can be made in favor of the petitioner. Personal injury claims are usually based on actual bodily harm. Physical injuries can be extremely expensive, and your attorney will work to ensure you get paid for any existing medical bills and any future costs that are anticipated. This includes things like medications as well as home care and physical therapy. You can also claim for any loss of quality of life that is caused by your injuries. This includes things like being unable to walk, sleep or drive normally. This kind of injury is called suffering and pain. When a complaint is made when a complaint is filed, the court will hold a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered including the cost of your current and future medical expenses, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment as well as any other non-monetary damages that you seek. If the case is determined to have probable cause the case will be scheduled for public hearing. If your complaint is dismissed because of a determination of no probable reason or because the court is not in jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant by certified or registered mail within a specific timeframe. The defendant must respond or risk a 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 detail. It could include photos of your injuries, medical bills, and lost wages. The document also contains details about the incident and how you think the defendant is responsible for the harm. In the middle of a lawsuit called “discovery,” each party is allowed to ask questions and inspect evidence held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney plays a significant role in negotiations during this phase. Your lawyer can also request that you are examined by a doctor they select for the injuries or damages you're claiming. If you fail to attend, the judge may dismiss your case or order that you pay the defendant the costs of their examination. After discovery and inspection have been completed, the lawyers on both sides may submit a document referred to as a “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide on the trial. During the trial, the jury will decide if the defendant was responsible for the accident as well as the injuries you sustained. If the defendant is liable and the jury awards you damages. If the defendant is not liable then the jury will deny your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander), and physical harm from accidents, such as car crashes and falls. A lawsuit may also be filed for non-physical injuries such as pain and discomfort and loss of companionship. In the initial stages of your case, your lawyer will research your accident to fully understand what occurred and the extent of your injuries. Then, he will negotiate with the at-fault party's insurance company. Your attorney will keep in touch with you about any significant developments and discussions throughout the entire process. If negotiations fail, your lawyer will file a formal complaint in a court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, describes the incident, claims that there was wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. It usually takes about a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations made in the Complaint or denies them. During this stage your lawyer will provide medical records, documents and other evidence to support your case. The lawyer for the defendant will provide an answer to these documents, and the two sides will engage in further negotiations. If the parties are unable to reach an agreement, then mediation or arbitration may be required prior to trial can begin. However, a significant percentage of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any companies with lien on the money settlement through a specific escrow account before he or she will write you a check.