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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. These cases often involve a person at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through your medical records and other documentation, to determine the totality and cost of your injuries and the damages. Orange injury lawyers will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury claim, the judge will award the plaintiff a sum of money to cover damages. These funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are costs that can be itemized and quantifiable, such as medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of living are more difficult to quantify. Keep a diary of how your injuries have affected you can help improve your chances of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels mental stress and your ability to complete things you once took for granted. In a majority of personal injury cases, more than one defendants are responsible. This is the most frequent scenario when a business or individual acts with criminal intent, fraud and gross negligence. The court can also award punitive damage to discourage others from engaging in the same manner. The defendants receive a summons along with a complaint once the lawsuit has been filed. The defendants are required to respond (also called an answering) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer has been filed, the case enters an investigation known as discovery. Both parties will exchange information and evidence in this stage, including taking depositions. This is the majority of a personal injury timeline. Statute of limitations If you make a claim for injury after the statute of limitation expires, it is possible that you'll lose your right to receive damages. It is important to consult an attorney in personal injury whenever you can even if you're unsure certain whether the incident occurred before the deadline. A statute of limitations is a law of the state that sets a deadline on how long you can make an injury lawsuit. In the majority of states the statute of limitations starts on the date on which the accident or incident led to your injuries. The time limit for filing an injury lawsuit also depends on the party you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as a county or city) the deadline will be much shorter. Additionally, there are certain situations which could change the statute of limitations in your situation. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation can begin when you discover or reasonably should have known that your injuries are due to negligence. In some cases minors are exempt from the statute of limitation. If you file a personal injury claim after the statute of limitations has expired the defendant will most likely to inform the court and request the dismissal of your lawsuit. If this occurs, the court will summarily dismiss your claim without hearing. It is crucial to speak with an attorney who specializes in personal injury as soon as you can to discuss your case to determine if you can make an official claim. Complaint A complaint is a formal legal document filed by a plaintiff which alleges a cause of action, and a demand for judicial relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant must then respond within a specific time frame. In general, a defendant will deny the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner. Personal injury claims are typically caused by bodily injury. Your attorney will ensure that you receive compensation for the medical bills you are currently paying as well as any future expenses. This includes things like 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 the inability to sleep, drive or walk normally. This type of damages is referred to as suffering and pain. When a complaint is filed when a complaint is filed, the court will hold a preliminary meeting to set the date for the mandatory oral and physical examinations, as well as any document production. Your lawyer will then prepare an Bill of Particulars. This is a detailed report of your injuries. It will include your losses including your current and future medical expenses as well as lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life and any other damages not monetary you are seeking. If your case is determined to have probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable cause or because the court lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff files a complaint with the court and sends the defendant a copy via certified or registered post within a specific time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. It could include photos of your injuries, medical bills, and lost wages. The document will also contain information about the incident and how you believe the defendant is responsible for the injury. In the middle of a lawsuit called “discovery,” each party has the opportunity to ask questions and examine evidence held by the other party. Your attorney will be important during this stage of negotiations because the defendant's representatives want complete information prior to making settlement offers. Your lawyer can also ask to have you examined by the doctor of their choice regarding the injuries and damages you're seeking. If you fail to attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's examination costs. Once discovery and inspection are completed, attorneys on both sides can submit a document referred to as a “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then set a trial date. During the trial, the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is liable, the jury will award you damages. If the defendant isn't accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as suffering and pain, as well as loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the beginning stages of the case to determine the precise nature and severity of your injuries. Then, he will negotiate with the at-fault party's insurance company. Your attorney will keep you informed and up to the minute on any negotiations or important developments throughout the process. After 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 is the initial official document in a civil lawsuit. It identifies the parties, describes the incident, alleges wrongdoing and demands compensation. The complaint must be personally served and must be delivered physically to the defendant. It usually takes about one month. After service has been completed and the defendant is required to “answer” the Complaint within a set date, which is usually 30 days. The answer will reveal whether the defendant denies or accepts the allegations contained in the Complaint. In this stage, your lawyer can provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents and the two sides will continue to negotiate. If the parties are unable to come to an agreement, mediation or arbitration could be required prior to the trial can be held. However, a substantial portion of personal injury cases settle out of court. Your lawyer must first pay any companies that have liens on your award from a special money escrow before distributing an actual check.