How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these instances the defendant is usually the person responsible for the incident. The plaintiff is typically the party who is injured. Your attorney will review your medical records and other documents to understand the full extent of your injuries, expenses and 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 claim the judge will award the plaintiff money to pay damages. The money can be awarded as lump sums or spread out over a time period, as part if the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are costs that can be itemized and are measurable like medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment of living, are more difficult to quantify. Keep a journal in which you can record how your injuries impacted your life. This will increase your chances of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels mental stress and your ability to perform things you once took for granted. In a majority of personal injury cases, multiple defendants are at fault. This is most common when a business or individual acts with criminal intent, fraud, and gross negligence. The court may also award punitive damages to discourage others from engaging in the same manner. The defendants receive a summons with an accusation once the lawsuit has been filed. They will then be required to respond which is also known as an answer, within 30 days. Usually, defendants deny the allegations 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 in this stage including depositions. This is the stage that accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it is possible that you will lose the right to damages. It is essential to speak with an attorney for personal injuries as soon as you can even if you're not sure whether the accident occurred before the timeframe. A statute of limitations is a law of the state that sets a deadline on the amount of time you must file an injury lawsuit. In most states the statute of limitations begins the date of the incident or incident caused your injuries. The deadline to file a personal injury lawsuit is dependent on the person you are seeking to sue. For instance, if you are seeking to sue a municipal government entity (such as a city or county) the deadline is shorter. There are also certain situations which could change the statute of limitation in your particular case. For instance, if you were exposed to harmful substances or a victim of medical negligence, the statute of limitations may start when you discover or ought to have realized, that your injuries were the result of negligence. In certain cases minors are exempt from the statute of limitations. If you file an injury claim after the time limit has expired, the defendant will most likely point this out to the court and request your lawsuit to be dismissed. In this scenario the court will decide to dismiss your claim without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document filed by a person who declares an actionable cause and demands judicial relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant must then respond within a specific time frame. A defendant will usually reject the claim. If the defendant does not respond, a default judgment may be granted in favor of the petitioner. In most cases, personal injury claims are based on actual bodily injury. Physical injuries can be extremely expensive, and your attorney will ensure that you receive compensation for any current medical bills and any future expenses you anticipate. These expenses include medications as well as home care and 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, sleep or drive normally. This type 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 obligatory oral and physical examinations as well as any document production. After the conference, your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including your current and future medical costs loss of wages, as well as property damage. Your lawyer will also detail the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you are seeking. If your case is determined to have 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 doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and a complaint. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant via certified or registered mail within a specific timeframe. The defendant must respond or risk a default judgement 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 depth. This could include photos of your injuries, medical bills and lost wages. The document also includes information regarding the accident and why you believe the defendant is accountable for the injury. In the middle of a lawsuit, referred to as discovery, each party has the opportunity to ask questions and review evidence held by the other party. Your attorney will be important in this phase of negotiations since the representatives of the defendants want full information before making settlement offers. Your lawyer can also request that you are examined by a doctor they choose in relation to the damages or injuries you're claiming. If you fail to attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. After a discovery and inspection, attorneys from both sides may file a document called Notice of Issue and Statement of Ready for Trial to inform the court that their case is ready for trial. The judge will then determine a trial date. During the trial the jury will decide if the defendant is at fault for the accident and injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't accountable then the jury will deny your claim. Trial Personal injury claims can cover a wide variety of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit can also be filed for non-physical injuries, such as discomfort and pain and loss of companionship. In the early stages of your case the lawyer will investigate your accident to fully understand what occurred and the extent of your damages. Then, he or she will work with the insurance company. Your attorney will keep in contact with you regarding any significant developments and negotiations throughout the entire process. If negotiations fail, your lawyer will make a formal complaint to court against the defendant. A Complaint, the first official document of civil lawsuits, names all parties, details the incident and alleges wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. It usually takes about approximately a month. After service has been completed the defendant has to answer the Complaint within a specific date, which is usually 30 days. The answer is whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. During this stage, your lawyer may submit 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 parties will then engage in further discussions. If the parties are unable to come to an agreement, mediation or arbitration may be required prior to trial can begin. A significant number of personal injury cases are settled out of court. After a settlement has been reached, your lawyer has to pay any companies that have lien on the award out of a special account for escrow before he or they can issue an official check.
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