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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these instances the defendant is typically the one who is at fault. The plaintiff is typically the party who is injured. Your lawyer will go through your medical records and other documentation to assess the full extent of your injuries, expenses and damages. This will help them prepare and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury lawsuit the courts award them funds to pay for their damages. The money can be awarded as a lump sum or spread out over a time period in an agreed settlement. These funds are known as compensatory damages. There are Vacaville : general and special. Special damages are expenses that can be categorized and quantifiable for example, medical expenses and lost wages. General damages are harder to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment of life. Keep a journal to document how your injuries impacted your life. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to do things you once took for granted. In a majority of personal injury cases, more than one defendants are accountable. This is most common when a business or individual is guilty of fraud, criminal intent and gross negligence. The court may also award punitive damage to discourage others from acting in the same way. When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants are required to provide a response (also called an answering) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer has been filed, the case is moved to a stage of fact-finding known as discovery. This is where both parties will share relevant information and evidence, which includes taking depositions under the 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 limitations expires, it's likely that you will lose your right to receive damages. It is essential to speak with a personal injury attorney as soon as you can even if you're unsure certain if the incident occurred before the deadline. A statute of limitations is a law in a state which sets a time frame on the time you must bring a lawsuit for injury. In many states, the statute of limitations starts at the time of the accident or incident which caused your injuries. The time limit to file a lawsuit also depends on the party you are suing. If you are suing an entity of municipal government (such as the city or county), the deadline is shorter. There are also certain situations which could change the time limit in your situation. For instance, if you were exposed to toxic substances or suffered medical malpractice, the time limit may begin when you realize or should have discovered, that your injuries were the result of negligence. In certain cases minors are not subject to the statute of limitations. If you file a personal injury claim after the time limit has expired the defendant will likely point this out to the court and ask for your lawsuit to be dismissed. If this occurs, the court could dismiss your claim in a sweeping manner without a hearing. It is essential to contact an attorney for personal injuries as soon as possible to discuss your situation and determine if you are eligible to file an official claim. Complaint A complaint is a legal document filed by a person who asserts a cause of action, and a demand for the judicial remedy. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant is then required to respond within a specific time frame. The defendant is usually able to reject the claim. If the defendant fails to respond, default judgment can be granted to the petitioner's behalf. In the majority of cases, personal injury claims involve actual bodily harm. Your attorney will make sure that you get paid for medical bills currently incurred and any future costs. These expenses include medications as well as home care and physical therapy. You may also be able to claim any loss in quality of life caused by your injury. This includes things like being unable to drive, sleep or walk normally. This kind of injury is known as suffering and pain. When a complaint is filed and the court is notified, they will convene a preliminary conference 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 detailed description of your injuries. It will include all your losses which include the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in your life and any other damages that are not monetary that you are seeking. If the case is found to be probable cause the case will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant through registered or certified mail within a specific timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. It could include photos of your injuries, medical bills, and lost wages. The document also contains details about the accident and how you think the defendant is accountable for the damage. During the middle part of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and examine evidence that is held by the other party. The defendant's representatives will need 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 time. Your lawyer may also request to have you examined by a doctor of their choosing in relation to the injuries and damages you're seeking. If you don't attend, the court could dismiss your case. Or order that you pay for the doctor's examination costs. After a discovery and inspection, attorneys from both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then determine a trial date. During the trial, the jury will decide if the defendant was accountable for the accident and the injuries you suffered. If the defendant is at fault and the jury awards you damages. If the defendant is not liable, the jury will reject your claim. Trial A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit could also be filed for non-physical injuries, such as discomfort and pain and loss of companionship. Your lawyer will conduct research regarding your accident in the early stages of the case to determine the precise cause and the extent of your injuries. Then, he will negotiate with the insurance company of the at-fault company. Your attorney will stay in touch with you on any significant developments and discussions throughout the process. If negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A complaint, the first official document in civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be personally served, which means that it must be handed over physically to the defendant. This usually takes one month. After service is completed, the defendant must “answer” the Complaint within a specific time, which is usually 30 days. The answer will explain whether the defendant denies or acknowledges the allegations contained in the Complaint. At this point your lawyer could submit documents, medical records and other evidence to support your case. The lawyer representing the defendant will submit an answer to these documents, and the two sides will engage in further negotiations. If the parties can't reach an agreement, mediation or arbitration could be required prior to the trial can be held. However, a substantial portion of personal injury cases settle outside of court. Once a settlement is reached, your lawyer has to pay any companies that have liens on the monetary settlement through a specific account for escrow before he or she will write you a check.