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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. These cases often involve a party who is at fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records and other documents to understand the full extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury lawsuit, the judge gives the plaintiff money to pay damages. These funds can be awarded as lump sums or spread over a time period in the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be listed like medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of life, are more difficult to quantify. Keep a journal to document how your injuries affected your life. This will increase your chances of receiving maximum compensation for noneconomic damages. These include the effects on your relationships, daily pain levels, and episodes of mental anxiety and how injuries affect your ability to engage in activities that you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or individual acts with criminal intent, fraud or gross negligence. The court may also give punitive damages to discourage others from acting in a similar manner. Once a lawsuit is filed and the defendants are served with a summons and complaint. They are then required to file a response, also known as an answer, within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. This is where both parties will share relevant information and evidence, including depositions under oath. This is the stage that accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitation expires, it is likely that you'll lose the right to damages. It is important to consult an attorney for personal injuries as soon as possible even if you're not sure whether the accident occurred within the time frame. A statute of limitation is a law of the state that provides a time frame for filing a lawsuit. In most states the statute of limitations begins on the date that the accident or incident caused your injuries. The time limit for filing an injury lawsuit also depends on who you are suing. For Norwalk injury attorney YouTube , if are seeking to sue a municipal government agency (such as a city or county), the deadline is shorter. There are certain circumstances that may change the time limit in your particular case. If you have been exposed to toxic substances or suffered from medical malpractice, for example, the statute of limitation can begin when you discover or ought to have known that your injuries are the result of negligence. In certain instances minors are exempt from the statute of limitations. If you file an injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and request your lawsuit to be dismissed. In this case, the court will dismiss your claim without hearing. It is essential to contact an attorney for personal injuries as soon as possible to discuss your case and determine if you can make an official claim. Complaint A complaint is an official legal document that is filed by a person who claims a cause of action and seeks the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant must then respond within a specified timeframe. A defendant will usually deny the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner. Personal injury claims are usually based on actual bodily harm. Physical injuries can be very expensive, and your attorney will work to ensure you get paid for any existing medical bills and any anticipated future expenses. These include things like medication, home care and physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This type of damages is known as suffering and pain. When a complaint is made and the court is notified, they will hold a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. Your lawyer will then prepare an Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses which include the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will also describe the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that you seek. If your case is found 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 file the complaint with the court and then sends a copy of the document to the defendant via registered or certified mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which details the damages and injuries you've suffered more fully. It may include photographs of your injuries, medical bills, and lost wages. The document will also contain information about the incident and how you think the defendant is responsible for the injury. In the middle of a lawsuit, also known as “discovery” in which each party is able to ask questions and examine evidence provided by the other party. Your attorney will be important in this phase of negotiations because the defendant's representatives want full information before making settlement offers. Your lawyer can also request that you are examined by a doctor they select in connection with the damages or injuries you're claiming. If you fail to attend, the court could dismiss your case. Or order that you pay for the defendant's examination costs. After a discovery and inspection, attorneys from both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then decide the trial date. During the trial the jury will decide if the defendant is accountable for the accident and the injuries you suffered. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't accountable and the jury decides to deny your claim. Trial Personal injury claims can cover a wide variety of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit may also be filed for non-physical injuries, such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct research on the accident during the initial stages of the case to determine the precise cause and the extent of your injuries. The lawyer will then discuss the matter with the insurance company of the party at fault. Your lawyer will keep you up-to date on any negotiations and significant developments throughout this process. If negotiations fail the lawyer will submit a formal complaint to court against the defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, alleges wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. This usually takes around one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or acknowledges the allegations made in the Complaint. In this phase your lawyer will submit medical records, documents and other evidence to support your argument. The attorney representing the defendant will then respond to these documents and the two sides will start negotiations. If the parties are not able to reach a settlement and mediation or arbitration might be required before your case is put to trial. A significant number of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the money settlement through a specific account in escrow before he/ they can issue a check.