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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these situations, the defendant is usually the one who is responsible for the incident. The plaintiff is usually the victim. Your lawyer will review all medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damage. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit the courts award them funds to cover their losses. The funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are measurable costs that can be categorized for medical expenses and lost earnings. General damages, like pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keeping Glendale injury attorney how your injuries have affected the odds of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anxiety, and how your injuries impact your ability to participate in activities that you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when a business or an individual is guilty of gross negligence, fraud, and criminal motives. The court may also award punitive damages to deter others from committing the same way. Once a lawsuit is filed, the defendants will receive a summons and complaint. The defendants must submit a response (also called an answering) within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, which includes taking depositions under the oath. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to collect damages. It is crucial to speak with an attorney for personal injuries whenever you can, even if you're not certain whether the incident occurred within the timeframe. A statute of limitation is a law of the state that provides a time frame for filing a lawsuit. In the majority of states the statute of limitations starts on the date on which the accident or incident caused your injuries. The time frame for filing a lawsuit for injury is dependent on the person you are suing. If you intend to sue an entity of municipal government (such as the city or county) the deadline will be much shorter. Additionally, there are certain situations that can change the statute of limitations in your case. For example, if you were exposed to toxic substances or suffered medical malpractice, the statute of limitations could begin when you discover, or reasonably should have discovered, that your injuries were caused by negligence. In some cases, the statute of limitations can be extended for minors. If you file an injury claim after the time limit has expired the defendant will most likely to inform the court and request the case to be dismissed. If this happens, the court will dismiss your claim on the spot without hearing. This is why it's important to consult an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal document filed by a plaintiff which asserts an action, and a demand for legal relief. The complaint should also state the kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a specific timeframe. In general, a defendant will deny the claim. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf. Personal injury claims are typically based on actual bodily harm. Physical injuries can be very expensive, and your lawyer will ensure that you get paid for any existing medical bills and any future costs that are anticipated. This includes things like medications as well as home care and physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes things like being unable to drive, sleep or walk normally. This type of damage is referred to as suffering and pain. When a complaint is filed when a complaint is filed, the court will convene a preliminary conference to schedule obligatory oral and physical examinations, as well as any document production. After the conference your lawyer will draft a Bill of Particulars. It is a comprehensive report of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical bills, lost earnings, and property damage. Your lawyer will also detail the possible emotional distress, disfigurement, loss of enjoyment of life and any other damages that you are seeking. If the case is found to be a probable cause, your case will be scheduled for public hearing. If the complaint is dismissed as a result of a decision that there is no probable cause or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit process begins with a summons and a complaint. The plaintiff file a complaint with the court and then sends the defendant a copy via registered or certified mail within a certain time frame. The defendant must respond or risk default judgment 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 depth. This could include photos of your injuries, medical expenses and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for the harm you suffered. In the middle of a lawsuit, referred to as “discovery” the parties is able to ask questions and examine evidence presented by the other party. The defendant's representatives will want to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this phase. Your lawyer can also request that you undergo an examination by the doctor of their choice regarding the damages and injuries you're claiming. If you don't attend, the judge may dismiss your case or require that you pay the defendant the cost of their examination. After discovery and inspection have been completed, attorneys on both sides can file something called the “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 determine the trial date. During the trial the jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is to blame, the jury may award you damages. If the defendant is not liable and the jury decides to deny your claim. Trial A personal injury claim encompasses a range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit may also be filed for non-physical injuries such as discomfort and pain and loss of companionship. In the beginning of your case your lawyer will conduct a thorough investigation of the accident to determine what occurred and the extent of your losses. Then, he will negotiate with the insurance company of the at-fault company. Your lawyer will stay in touch with you on any significant developments and negotiations throughout the process. Once negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, alleges wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. It usually takes about one month. Once service is complete the defendant has to “answer” the Complaint within a set date, which is usually 30 days. The answer explains whether the defendant acknowledges the allegations in the Complaint or denies them. During this phase, your lawyer can provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will submit an answer to these documents and the two parties will then engage in further discussions. If the parties are not able to reach an agreement and mediation or arbitration might be required prior to your case is put to trial. However, a significant percentage of personal injury cases settle out of court. Your lawyer must first pay any businesses that have lien on your monetary award through a specialized account before distributing an actual check.