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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 one who is responsible for the incident. The plaintiff is typically the injured party. Your lawyer will review all of your medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury claim, the judge gives the plaintiff money to pay damages. These funds can be awarded in lump sums or spread out over a time period or as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are measurable costs that can be categorized for medical expenses and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify. Keep a diary of the way your injuries have affected you your chance of winning the most money for damages that are not economic. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to do things you used to take for granted. In many personal injury cases, multiple defendants are at fault. This is the most frequent scenario when a person or business acts with criminal intent, fraud and gross negligence. The court may also award punitive damage to discourage others from acting in the same way. The defendants receive a summons along with a complaint after the lawsuit has been filed. The defendants must respond (also known as an answering) within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer has been filed, the case enters the phase of fact-finding, also known as discovery. Both parties will exchange information and evidence during this stage, including taking depositions. This phase takes up the majority of the timeline for personal injuries. Statute of limitations If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case early, even if you are not sure if the accident occurred within the timeframe. A statute of limitations is a state law which sets a deadline for filing lawsuits. In most states the statute of limitations begins on the date of the incident or incident caused your injuries. The deadline for filing a personal injury lawsuit also depends on the individual you are seeking to sue. For instance, if would like to sue a local government entity (such as a city or county), the deadline is shorter. In addition there are certain circumstances which could change the statute of limitations in your situation. If you have been exposed to toxic substances or suffered from medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain cases the statute of limitations is extended for minors. If you make an injury claim after the statute of limitation has expired, your defendant will likely inform the court of this and ask to dismiss your claim. If this occurs, the court will dismiss your claim in a sweeping manner without hearing. It is crucial to speak with an attorney for personal injuries as soon as possible to discuss your case to determine if you can make an official claim. Complaint A complaint is an official legal document that is filed by a party that asserts a cause of action and demands the judicial remedy. The complaint should also state the type of compensation that the plaintiff is seeking. Pharr injury attorney is then required to respond within a specified timeframe. A defendant will usually reject the claim. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner. Personal injury claims are typically based on actual bodily harm. Physical injuries can be costly, and your attorney will work to ensure you receive compensation for any current medical bills as well as any anticipated future expenses. This includes things like medications as well as home care and physical therapy. You may also be able to claim any loss in quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is called suffering and pain. The court will set up the preliminary conference after a complaint has been filed to schedule any mandatory oral or physical examinations, and also the production of any documents. After the conference your lawyer will draft a Bill of Particulars. It is a comprehensive report of your injuries. This will include the losses you have suffered including future and present medical costs loss of wages, as well as property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you seek. If the case is found to be probable cause, your case will be scheduled for public hearing. If the complaint is dismissed as a result of a decision that there is no probable cause, or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy of the complaint via certified or registered post within a certain 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 injuries and damages suffered by you in more detail. It may include photographs of your injuries, medical bills, and lost wages. It also contains details about the accident and what the defendant is accountable for your harm. During the middle phase of a lawsuit, referred to as “discovery” in which each party has the opportunity to ask questions and review evidence held by the opposing party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, and your attorney will play an important role in negotiations during this stage. Your lawyer may also request that you undergo an examination by any doctor they choose regarding the injuries and damages you're seeking. If you fail to take part, the judge may dismiss your case, or demand that you pay the defendant for their examination costs. After discovery and inspection have been completed, attorneys on each side can submit a document referred to as the “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then decide on the trial. During the trial the jury will determine if the defendant is responsible for the accident and injuries. If the defendant is to blame, the jury may award you damages. If the defendant isn't liable and the jury decides to deny your claim. Trial Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical, such as discomfort and pain and loss of companionship. Your lawyer will conduct a thorough investigation on the accident during the beginning stages of the case to determine the exact cause and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your attorney will keep you informed and up to current on any negotiations and significant developments throughout this process. After negotiations don't work and your lawyer is unable to resolve the issue, he will file a formal complaint in a court against the defendant. A Complaint is the initial official document in a civil lawsuit. It names the parties, explains the incident, argues for wrongdoing, and 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 a month. Once service is complete the defendant has to “answer” the Complaint within a set date, which is usually 30 days. The answer will reveal whether the defendant denies or accepts the allegations in the Complaint. During this phase your lawyer may submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will submit an answer to these documents, and the two sides will continue to negotiate. If the parties are not able to come to an agreement the mediation or arbitration process could be required prior to your case can go to trial. However, a large percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have liens on your award from a specific escrow fund before issuing you an actual check.