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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These lawsuits typically involve a person at the fault (defendant) and an injured party known as the plaintiff. Your attorney will examine your medical records and other documentation to determine the extent of your injuries, costs and damages. 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 money can be awarded as lump sums or spread out over a period of time in an agreed settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are those 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 journal in which you can record the way your injuries affected you. This will increase your chance of receiving the maximum amount of compensation for noneconomic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental stress and how your injuries impact your ability to engage in activities that you used to take for taken for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when an individual or business acts with gross negligence, fraud, and criminal motives. The court can also make punitive damages in order to discourage others from acting in the same way. The defendants are served with a summons with a complaint once a lawsuit has been filed. The defendants will be required to provide a response (also called an answer) within 30 days. Typically, defendants deny the allegations in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. The parties will exchange information and evidence in this stage and may even conduct depositions. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you will lose the right to damages. It is important to consult a personal injury attorney as soon as possible, even if you're not sure whether the accident occurred before the deadline. A statute of limitations is a state law which sets a time frame on how long you have to make an injury lawsuit. In the majority of states, a statute of limitations starts on the date of the incident or incident caused your injuries. The deadline to file a personal injury lawsuit is dependent on the person you're suing. If you are suing an entity of municipal government (such as city or county) the deadline is shorter. In addition, there are certain situations that could alter the statute of limitations in your case. For instance, if were exposed to toxic substances or suffered medical negligence The time limit may begin when you discover, or reasonably should have discovered, that your injuries were caused by negligence. In certain cases minors are not subject to the statute of limitation. If you submit an injury claim after the statute of limitations has expired the defendant will likely tell the court about this and request that your case be dismissed. If this occurs, the court will summarily dismiss your claim without hearing. It is essential to contact an attorney who specializes in personal injury as soon as you can to discuss your case and determine if you are eligible to file an official claim. Complaint A complaint is a legal document filed by a person who alleges a cause of action and demands judicial relief. The complaint must also state what kind of compensation the plaintiff seeks. The defendant must then respond within a specified time period. In general, a defendant will not respond to the claim. If the defendant does not respond, default judgment can be entered in the petitioner's favor. Personal injury claims are typically founded on bodily injury. Your attorney will make sure that you are compensated both for the medical bills you are currently paying and any future costs. These expenses include medication, home care, and physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is called suffering and pain. The court will set up the preliminary conference after the complaint has been filed. The court will schedule any mandatory oral or physical examinations and also the production of any documents. Following the conference, your lawyer will prepare an Bill of Particulars. This is a detailed account of your injuries. It will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will also detail the grievous emotional distress or disfigurement, loss of enjoyment of life and any other damages that you're seeking. If your case is deemed to be probable cause you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court lacks jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant by registered or certified mail within a specific time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the damages and injuries you've sustained more fully. This may include photos of your injuries, medical expenses and lost wages. The document also contains details regarding the accident and why you think the defendant is accountable for the injury. During the middle phase of a lawsuit, referred to as “discovery” in which each party is given the chance to ask questions and look over evidence provided by the opposing party. Your attorney will be important during this stage of negotiations since the defendant's representatives want complete information prior to making settlement offers. Your lawyer can also ask that you be examined by a doctor of their choosing in regard to the damages and injuries you're seeking. If you fail to attend, the judge could dismiss your case or order that you pay the defendant for their examination costs. After the discovery and inspection, attorneys on both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then schedule the trial. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is responsible the jury could award you damages. If the defendant isn't responsible and the jury denies your claim. Trial A personal injury case involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit could also be filed for injuries that are not physical such as discomfort and pain, as well as loss of companionship. In the beginning of your case, your lawyer will research the accident to determine the cause of the incident and the extent of your damages. Then, he will work with the insurance company. Your attorney will keep in contact with you regarding any significant developments and negotiations throughout the process. After negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, describes the incident, alleges wrongdoing, and requests compensation. The complaint must be personally served which means it must be physically handed to the defendant. This usually takes a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations in the Complaint. In this stage, your lawyer can submit medical records, documents, and other evidence in support of your case. The lawyer for the defendant will provide a response to these documents and the two sides will engage in further negotiations. If Mesquite injury lawyers are unable to come to an agreement, mediation or arbitration could be required before a trial can take place. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any company with liens on your monetary award from a specific money escrow before distributing a check.