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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. These lawsuits typically involve a party who is at the fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records and other documentation to assess the full extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury claim the court will award them money to pay for damages. These funds can be awarded in an amount in one 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 types of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be listed for medical expenses and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment of life are more difficult to quantify. Writing down the way your injuries have affected you you can help improve your chance of winning the maximum amount of compensation for non-economic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental stress, and how your injuries affect your ability to take part in the activities you used to take for taken for granted. In a lot of personal injury cases, more than one defendants are at fault. This is especially true when a business or individual acts with fraud, criminal intent, and gross negligence. The court may also award punitive damages to deter others from committing the same way. After a lawsuit has been filed and the defendants are served with a summons and complaint. They are then required to file a response which is also known as an answer, within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will share information and evidence in this stage including depositions. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out, you will likely lose your right to recover damages. It is important to consult an attorney for personal injuries whenever you can even if you're unsure sure whether the accident occurred within the deadline. A statute of limitation is a state law which establishes a deadline for filing lawsuits. In many states the statute of limitations starts at the time of the accident or incident that led to your injuries. The deadline to file a lawsuit for personal injury also varies depending on the individual you are suing. If you intend to sue an entity that is a part of the municipal government (such as city or county) the deadline will be shorter. Additionally, there are certain situations that can change the statute of limitations in your situation. For example, if you were exposed to harmful substances or suffered medical negligence The time limit may begin when you discover or ought to have realized that your injuries were caused by negligence. In some cases minors are exempt from the statute of limitations. If you file a personal injury claim after the statute of limitations has expired the defendant will likely inform the court and request the dismissal of your lawsuit. In this scenario the court will dismiss your claim in a hurry without a hearing. It is essential to contact an attorney who specializes in personal injury immediately to discuss your case and determine if you can make a legal claim. Complaint A complaint is a formal legal document filed by a person who claims a cause of action and demands the judicial remedy. The complaint must also state what kind of compensation the plaintiff seeks. The defendant is then required to respond within a specific timeframe. A defendant is likely to deny the claim. If the defendant does not respond, default judgment can be made in favor of the petitioner. Personal injury claims are usually based on actual bodily harm. Your attorney will ensure that you are compensated both for your current medical bills and any future expenses. These expenses include medication or home care as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes things like being unable to walk, drive, or sleep normally. This kind of damage is known as suffering and pain. When a complaint is made, the court will hold a preliminary meeting to plan the mandatory oral and physical examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a detailed description of your injuries. This will include the losses you have suffered including your future and current medical expenses as well as lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in life as well as any other damages not monetary you are seeking. If the case is determined to be a probable cause the case will be scheduled for an open hearing. If your complaint is rejected due to a finding of no probable reason or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant through registered or certified mail within a certain time frame. The defendant must respond or risk a 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 greater depth. It may include photographs of your injuries, medical bills, and lost wages. It also contains details about the accident and how the defendant is responsible for the harm you suffered. In the middle of a lawsuit called “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 have all the facts before making settlement offers, therefore your attorney will play an important role in negotiations during this stage. Your lawyer can also request that you undergo an examination by a doctor of their choosing in relation to the injuries and damages you're claiming. If you do not attend, the court could dismiss your case. Or order that you pay for the defendant's examination costs. After a discovery and inspection, attorneys on both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then determine the trial date. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you suffered. If Lubbock injury attorney YouTube is to blame the jury could award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. In addition, lawsuits may also be filed for physical injuries, such as pain and suffering and loss of companionship. Your lawyer will conduct an investigation on the accident during the beginning stages of the investigation to determine the exact cause and extent of your injuries. Then, he or she will negotiate with the insurance company of the at-fault company. Your lawyer will stay in contact with you regarding any significant developments and will also negotiate throughout the process. If negotiations are unsuccessful, your lawyer will file a formal complaint in court against defendant. A complaint is the first official document in a civil lawsuit. It names the parties, explains the incident, alleges wrongdoing and demands compensation. The complaint must be served personally and must be delivered physically to the defendant. This typically takes about a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or accepts the allegations made in the Complaint. During this time your lawyer will be able to 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 engage in further negotiations. If the parties cannot reach an agreement, mediation or arbitration could be required prior to trial can begin. A significant portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer has to pay any companies with lien on the money award out of a special account in escrow before he/ will issue you an official check.