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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These cases often involve a person 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 determine the totality and cost of your injuries and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins an injury lawsuit, the courts award them money to cover their losses. The funds may be awarded in a lump sum or spread over a time period, as part if a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are those which can be listed and are measurable, such as medical expenses and lost wages. General damages are more difficult to quantify a dollar amount on, like pain and suffering and loss of enjoyment of life. Keep a journal to document the way your injuries affected your life. This will increase your chance of receiving the most compensation for the non-economic damages. These include the effects on your relationships, your daily pain levels and bouts of mental stress and how your injuries impact your ability to take part in activities that you used to take for granted. In many personal injury lawsuits there are many defendants. This is especially true when a business or person acts with fraud, criminal intent or gross negligence. The court may also award punitive damage to deter other people from engaging in the same manner. Once a lawsuit is filed and the defendants are served with a summons and complaint. They will then be required to submit a response which is also known as an answer, within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer is filed, the case enters the phase of fact-finding, also known as discovery. Both parties will exchange information and evidence during this stage including depositions. This phase 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's likely that you'll lose the right to damages. This is why it's important to speak with a personal injury lawyer about your case as early as possible even if not sure if the incident happened within the deadline. A statute of limitation is a law in a state that provides a time frame for filing an action. In many states, a statute of limitations begins the date of the incident or incident caused your injuries. The deadline to file a lawsuit for personal injury is dependent on the individual you are seeking to sue. For example, if you want to sue a municipal government entity (such as a county or city) the deadline is significantly shorter. In addition there are certain circumstances that can 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 limitations could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In certain cases, the statute of limitations is extended for minors. If you file an injury claim after the statute of limitation has expired the defendant will likely tell the court about this and request to dismiss your claim. In this scenario, the court will dismiss your claim without hearing. It is essential to contact an attorney who specializes in personal injury immediately to discuss your case and determine if you are eligible to file an official claim. Complaint A complaint is a formal legal document that is filed by a party that claims a cause of action and seeks the judicial remedy. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant must then respond within a set time period. In general the case, a defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf. Most personal injury claims are based on actual bodily harm. Physical injuries can be extremely costly, and your attorney will ensure that you receive compensation for any current medical bills as well as any future costs that are anticipated. These include things like medication, 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 things such as the inability to drive, sleep or walk normally. This type of damage is called pain and suffering. When a complaint is filed and the court is notified, they will hold a preliminary meeting to set the date for obligatory oral and physical examinations as well as any document production. After the conference, your lawyer will prepare an Bill of Particulars. This is a thorough account of your injuries. It will include your losses including future and present medical expenses as well as lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment, as well as any other damages not monetary you are seeking. If your case is deemed to have probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff file a complaint with the court and sends the defendant a copy by certified or registered post within a specific time. The defendant has to respond, or else risk a default judgement against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in greater detail. It could include photographs of your injuries, medical expenses and lost wages. It also includes details of the accident and what the defendant is responsible for your harm. During the middle phase of a lawsuit, called “discovery” the parties has the opportunity to ask questions and look over evidence provided by the opposing party. Your attorney is crucial in this phase of negotiations since the defendant's representatives want complete information before they make settlement offers. Your lawyer may also request that you be examined by the doctor of their choice in relation to the injuries and damages you're claiming. If you fail to show up, the court may dismiss your case. Or order that you pay for the defendant's examination costs. After the discovery and inspection process is completed, lawyers on both sides may 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 now ready to go to trial. The judge will then decide on a trial. During the trial the jury will decide if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is to blame, the jury may award you damages. If West Palm Beach injury lawyer YouTube isn't accountable and the jury denies your claim. Trial Personal injury claims can cover a broad range injuries, such as wrongful death, emotional distress (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed to address physical injuries, such as suffering and pain, as well as loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand the cause of the incident and the extent of your losses. Then, he will negotiate with the at-fault party's insurance company. Your lawyer 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 an official complaint in the court against defendant. A complaint, the first official document filed in a civil suit, lists all parties, describes the incident and lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. It usually takes about one month. After service has been completed, the defendant must “answer” the Complaint within a specified time frame, which is typically 30 days. The answer will reveal whether the defendant denies or accepts the allegations contained in the Complaint. During this stage your lawyer will submit medical records, documents and other evidence to back your argument. The defendant's lawyer will submit a response to these documents and the two sides will then engage in further discussions. If the parties can't reach an agreement, then mediation or arbitration may be required prior to 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 that have lien on the settlement out of a separate account for escrow before he or they can issue an official check.