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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. The cases typically involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review your medical records and other documentation to understand the full 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 a personal injury case, the courts award them funds to cover their losses. These funds can be awarded in a lump sum or spread over a period of time or as part of an agreed settlement. These funds are known as compensatory damages. There are two kinds: general and special. Special damages are costs that can be itemized and quantifiable, such as medical expenses and lost wages. General damages, like discomfort and pain, as well as loss of enjoyment are more difficult to quantify. Keep a diary to record the way your injuries affected you. This increases your chances of receiving the most compensation for any non-economic losses. Antioch injury lawsuit www.youtube.com includes the impact on your relationships, daily pain levels mental stress and your ability to complete things you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is especially common when a person or business acts with reckless negligence, fraud, and criminal intention. The court may also award punitive damages to discourage others from doing the same thing. After a lawsuit has been filed and the defendants are served with a summons and complaint. They must submit a response or answer, within 30 days. Typically, defendants deny the allegations made in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is the time when both parties will exchange relevant information and evidence, as well as depositions under oath. This stage accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it's likely that you will lose the right to damages. It is crucial to speak with an attorney in personal injury as soon as possible, even if you're not sure whether the accident occurred before the time frame. A statute of limitations is a law of the state which sets a time frame on the amount of time you can file an injury lawsuit. In most states the statute of limitations begins at the time of the incident or accident that caused your injuries. The deadline for filing a personal injury lawsuit also depends on the person you're seeking to sue. If you are suing an entity that is a part of the municipal government (such as the city or county), the deadline is shorter. There are certain circumstances which could change the statute of limitation in your situation. If you were exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation can begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain instances the statute of limitations can be extended for minors. If you file an injury claim after the statute of limitations has expired the defendant will most likely to inform the court and request the case to be dismissed. In this instance the court will decide to dismiss your claim without 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 party who asserts a cause of action and seeks judicial relief. The complaint must also specify the type of compensation that the plaintiff is seeking. The defendant must then respond within a specified timeframe. In general the event of a denial, the defendant will not respond to the claim. If the defendant fails to respond, default judgment can be made in favor of the petitioner. In most cases, personal injury claims involve actual bodily injury. Your attorney will make sure that you get paid for medical bills currently incurred as well as any future expenses. These expenses include medications, home care, and physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This type of damage is referred to as pain and suffering. The court will schedule an initial conference once the complaint has been filed. This will be used to schedule any required physical or oral examinations, as well as the production of any documents. After the conference your lawyer will draft a Bill of Particulars. It is a thorough description of your injuries. This will include your losses including your current and future medical costs loss of wages, as well as property damage. Your lawyer will also detail the possible emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you seek. If your case is deemed 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 doesn't 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 an appropriate court and then sends a copy of the document to the defendant via registered or certified mail within a specified time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which sets out the damages and injuries you've suffered more fully. This may include photos of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you believe the defendant is responsible for the damage. During the middle phase of a lawsuit, called “discovery”, each party has the opportunity to ask questions and examine evidence provided by the opposing party. Your lawyer will be crucial in this phase of negotiations since the representatives of the defendants want complete information before they make settlement offers. Your lawyer can also ask that you be examined by the doctor of their choice in relation to the injuries and damages you're seeking. If you do not take part, the judge may dismiss your case or require that you pay the defendant their examination costs. After the discovery and inspection process is completed, lawyers on each side can file something called an “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 a trial. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is liable and the jury awards you damages. If the defendant isn't accountable and the jury denies your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents like car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries like pain and suffering and loss of companionship. In the early stages of your case, your lawyer will research your accident in order to fully comprehend the cause of the incident and the extent of your injuries. Then, he will work with the insurance company. Your attorney will keep in contact with you regarding any significant developments and will also negotiate throughout the entire process. Once negotiations have failed, your lawyer will make a formal complaint to court against the defendant. A complaint is the first official document in a civil suit that identifies the parties, describes the incident, alleges wrongdoing and demands compensation. The complaint must be personally served which means it must be delivered physically to the defendant. This usually takes approximately a month. After service, the defendant has 30 days to “answer” the Complaint. The answer explains whether the defendant acknowledges the allegations in the Complaint or denies them. In this stage your lawyer will be able to provide medical records, documents as well as other evidence in 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 unable to reach a settlement and mediation or arbitration might be required before your case can go to trial. A significant portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any businesses that have lien on the settlement through a specific account for escrow before he or will issue you an official check.