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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these situations the defendant is typically the one who is at fault. The plaintiff is typically the victim. Your attorney will review your medical records along with other documentation, in order to determine the full extent and cost of your injuries and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails 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 of compensatory damages: special and general. Special damages are costs which can be listed and are measurable, such as medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Writing down the way your injuries have affected you your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels and bouts of mental stress and how your injuries affect your ability to take part in activities you once took for taken for granted. In many personal injury lawsuits, there are multiple defendants. This is most common when a business or person is guilty of fraud, criminal intent or gross negligence. The court can also award punitive damages to discourage others from acting in the same way. After a lawsuit has been filed and the defendants are served with a summons and complaint. They must file a response or answer within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed, the case moves to an investigation known as discovery. This is the time when both parties will exchange relevant information and evidence, including depositions under an oath. This is the majority of the personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to claim damages. It is essential to speak with an attorney for personal injuries as soon as you can, even if you're not certain whether the incident occurred before the time frame. A statute of limitations is a law of the state that sets a deadline on how long you have to make an injury lawsuit. In the majority of states, a statute of limitations begins the date of the incident or incident led to your injuries. The deadline for filing a personal injury lawsuit is dependent on the person you're seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as the city or county) the deadline will be much shorter. In addition, there are certain situations that can change the statute of limitations in your particular case. For example, if you were exposed to harmful substances or a victim of medical negligence The statute of limitations could begin when you discover, or reasonably should have realized, that your injuries were caused by negligence. In certain cases, minors are exempt from the statute of limitations. If you file a claim for injury after the statute of limitations has expired, your defendant will likely tell the court about this and ask that your lawsuit be dismissed. In this scenario the court will decide to dismiss your claim in a hurry without hearing. That's why it is important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which asserts an action and demands judicial relief. The complaint should also define the type of relief the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. A defendant is likely to reject the claim. If the defendant does not respond to the claim, a default judgment could be entered in favor of the petitioner. Personal injury claims are usually caused by bodily injury. Your attorney will ensure that you are compensated both for the medical bills you are currently paying and any future costs. These costs include medical expenses, home care, and physical therapy. Additionally, Aurora injury attorney You Tube can claim for any loss of quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is known as pain and suffering. The court will call a preliminary conference when the complaint is filed. The court will schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will prepare the Bill of Particulars. This is a detailed report of your injuries. This will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will also describe the possible emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you seek. If the case is determined to be a probable cause the case will be scheduled for a public hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant by certified or registered mail within a specified timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which details the injuries and damages you've sustained more fully. This may include photos of your injuries, medical expenses and lost wages. It also contains details about the accident and how the defendant is responsible for your harm. During the middle phase of a lawsuit, also known as “discovery”, each party is able to ask questions and look over evidence held by the opposing party. Your lawyer will be crucial during this stage of negotiations since the defendant's representatives want full information before making settlement offers. Your lawyer can also request that you undergo an examination by any doctor they choose in regard to the injuries and damages you're claiming. If you don't take part, the judge may dismiss your case or order that you pay the defendant the cost of their examination. After the discovery and inspection process is completed, attorneys on both sides may submit a document referred to as an “Notice of Issue” and a “Statement of Readiness 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, a jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is responsible the jury could award you damages. If the defendant isn't at fault and the jury decides to deny your claim. Trial Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit could also be filed for physical injuries like pain and discomfort and loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what occurred and the extent of your injuries. Then, he will negotiate with the at-fault party's insurance company. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the entire process. Once negotiations have failed, your lawyer will submit a formal complaint to court against the defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, details the incident, argues for wrongdoing and demands compensation. The complaint must be personally served which means it must be physically handed to the defendant. It usually takes about one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or acknowledges the allegations in the Complaint. At this point, your lawyer may provide medical records, documents and other evidence to support your case. The defendant's attorney will then respond to these documents and the two sides will start further negotiations. If the parties are unable to come to an agreement, mediation or arbitration may be required before a trial can take place. However, a substantial portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any companies with liens on the monetary settlement through a specific escrow account before he or she will write you an official check.