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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. The cases typically involve a person at fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records, as well as other documentation, to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury case the courts award them money to pay for their damages. The money can be awarded as a lump sum or spread over a time period or as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are measurable costs that can be itemized for medical expenses and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment are more difficult to quantify. Keep a diary to record how your injuries affected your life. This increases your chances of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to do activities you used to take for granted. In a majority of personal injury cases, more than one defendants are responsible. This is especially common when a person or business is guilty of reckless negligence, fraud, and criminal intention. The court can also award punitive damages to discourage others from doing the same thing. Once a lawsuit is filed the defendants will be served with a summons and complaint. They must file a response which is also known as an answer within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed, the case moves to the phase of fact-finding, also known as discovery. This is when the parties exchange pertinent information and evidence, as well as depositions under oath. This stage takes up the majority of the timeline for personal injuries. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is likely that you'll lose your right to receive damages. That's why it's crucial to speak with a personal injury lawyer about your case early even if not sure if the incident happened within the deadline. A statute of limitations is a law of the state that establishes a deadline for filing a lawsuit. In most states, the statute of limitations starts with the date of the incident or accident which caused your injuries. The deadline to file a lawsuit is dependent on the person you are suing. For example, if you are seeking to sue a municipal government agency (such as a city or county) the deadline is significantly shorter. There are also certain situations that could alter the statute of limitations in your situation. For example, if you were exposed to harmful substances or suffered medical malpractice The statute of limitations may start when you discover or should have realized that your injuries were the result of negligence. In certain instances minors are exempt from the statute of limitation. If you file a claim for injury after the statute of limitation has expired Your defendant is likely to tell the court about this and request that your lawsuit be dismissed. In this scenario, the court will dismiss your claim summarily without a hearing. This is why it's important to consult an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a party that alleges a cause for action and seeks judicial relief. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specified 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. Personal injury claims are usually caused by bodily injury. Physical injuries can be expensive, and your attorney will work to ensure that you get paid for any existing medical bills as well as any anticipated future expenses. This includes things like medications as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things like the inability to walk, sleep or drive normally. This type of damage is called suffering and pain. The court will schedule the preliminary conference after the complaint has been filed. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. After the conference, your lawyer will prepare an Bill of Particulars. This is a detailed account of your injuries. It will include all the losses you have suffered including the cost of your current 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 that are not monetary that you seek. If your case is found to be a probable cause you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable reason or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit starts with a summons. 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 time frame. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries suffered by you in more depth. It may include photographs of your injuries, medical bills, and lost wages. It may also include details of the accident and how the defendant is accountable for your harm. During the middle phase of a lawsuit, also known as “discovery” in which each party is able to ask questions and review evidence presented by the other party. Your lawyer will be crucial during this stage of negotiations because the representatives of the defendant want to have full information before making settlement offers. Your lawyer may also request to have you examined by a doctor of their choosing in relation to the damages and injuries you're claiming. If you do not take part, the judge may dismiss your case or require that you pay the defendant for the cost of their examination. After the discovery and inspection process is completed, the lawyers on both sides can 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 prepared 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 is not responsible, the jury will deny your claim. Trial A personal injury case can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. A lawsuit could also be filed for injuries that are not physical like discomfort and pain, as well as loss of companionship. Your lawyer will conduct research regarding your accident in the beginning stages of the case to determine the exact nature and severity of your injuries. He or she will then engage with the insurance company of the party at fault. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments during this process. If negotiations don't work, your lawyer will file an official complaint in a court against the defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, claims that there was wrongdoing, and seeks compensation. Flower Mound injury attorney must be personally served, which means that it must be handed over physically to the defendant. This typically takes about one month. After service is completed and the defendant is required to “answer” the Complaint within a specific time frame, which is typically 30 days. The answer is whether the defendant is willing to admit the allegations in the Complaint or denies them. In this phase your lawyer could submit documents, medical records as well as other evidence to prove your argument. The lawyer representing the defendant will submit an answer to these documents and the two parties will then engage in further discussions. If the parties can't come to an agreement, mediation or arbitration could be required before the trial can be held. A significant portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer has to pay any companies with lien on the settlement through a specific escrow account before he or they can issue a check.