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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 at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through 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 If a plaintiff prevails in a personal injury case the courts award them funds to cover their losses. The funds may be awarded as lump sums or spread out over a period of time in the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be categorized and quantifiable for example, medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment of life, are more difficult to quantify. Keep a journal in which you can record how your injuries affected you. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. These include the effects on your relationships, daily pain levels and bouts of mental anguish and how injuries affect your ability to engage in activities that you used to take for taken for granted. In many personal injury lawsuits there are multiple defendants. This is the most frequent scenario when a business or individual acts with criminal intent, fraud and gross negligence. The court may also award punitive damages to deter others from committing the same way. The defendants receive a summons with an accusation once a lawsuit is filed. They must submit a response which is also known as an answer, within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. The parties will share information and evidence during this phase including depositions. This stage accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you will lose the right to damages. It is important to consult an attorney for personal injuries as soon as you can, even if you're not sure whether the accident occurred within the time frame. A statute of limitations is a law of the state that sets a deadline on the amount of time you can make an injury lawsuit. In the majority of states the statute of limitations runs with the date of the accident or incident that led to your injuries. The time frame to file a lawsuit also depends on the party you are suing. If you want to sue an entity of municipal government (such as a county or city), the deadline is shorter. Additionally, there are certain situations which could change the statute of limitations in your case. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases, the statute of limitations may be tolled 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. If this occurs, the court could dismiss your claim on the spot without hearing. This is why it's crucial to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is an official legal document that is filed by a person who claims a cause of action and demands legal relief. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant must then respond within a specified time frame. In general the case, a defendant will deny the claim. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf. Personal injury claims are typically based on actual bodily harm. Your attorney will ensure that you are compensated both for your current medical bills and any future costs. This includes things like medications or home care, as well as physical therapy. You can also claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as pain and suffering. The court will call an initial conference once a complaint has been filed. This will be used to schedule any required physical or oral examinations, and also the production of any documents. After the conference your lawyer will draft a Bill of Particulars. It will provide a full description of your injuries. It will include all your losses, including the costs of your present and future medical bills, lost earnings, and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life as well as any other damages that are not monetary that you seek. If your case is found to be probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant through certified or registered mail within a certain timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photos of your injuries, medical bills and lost wages. The document also includes information about the incident and how you believe the defendant is responsible for the damage. In the middle of a lawsuit, called “discovery” the parties is given the chance to ask questions and look over evidence provided by the opposing party. Your attorney will be important in this stage of negotiations because the representatives of the defendants want complete information prior to making settlement offers. Your lawyer may also request that you undergo an examination by any doctor they choose regarding the damages and injuries you're claiming. If you fail to attend, the court could dismiss your case. Or order that you pay for the doctor's examination costs. Once San Angelo injury lawsuit and inspection are completed, lawyers on both sides may file a document known as the “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then determine the trial date. 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 at fault then the jury will deny your claim. Trial A personal injury lawsuit encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries like suffering and pain, as well as loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the beginning stages of the case to determine the precise cause and extent of your injuries. Then, he or she will negotiate with the insurance company of the at-fault company. Your attorney will keep you up-to current on any negotiations and important developments throughout the process. If negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in a court against the defendant. A Complaint, which is the first official document of a civil suit, lists all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The complaint must be personally served and must be delivered physically to the defendant. It usually takes about one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or acknowledges the allegations in the Complaint. During this stage your lawyer could submit documents, medical records and other evidence to back your argument. The defendant's attorney will then reply to these documents and the two sides will begin further negotiations. If the parties can't reach an agreement, then mediation or arbitration could be required prior to a trial can take place. A significant number of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any companies that have lien on the money settlement out of a separate account in escrow before he/ will issue you a check.