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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. The cases typically involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through all of your medical records and other documentation, in order to determine the totality and cost of your injuries and damage. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury lawsuit, the courts award them money to pay for their damages. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be quantified that can be categorized for medical expenses and lost earnings. General damages are harder to quantify a dollar amount on, like suffering and suffering, as well as loss of enjoyment. Keep a diary of the way your injuries have affected you you can help improve your chance of winning the most money for damages that are not economic. These include the effects on your relationships, daily pain levels and bouts of mental anxiety, and how 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 especially common when a business or an individual is guilty of the most blatant negligence, fraud and criminal motives. The court may also give punitive damages to discourage others from acting in a similar way. After a lawsuit has been filed the defendants will be served with a summons and complaint. They must submit a response, also known as an answer within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer is filed, the case is moved to a stage of fact-finding known as discovery. This is where both parties will share relevant information and evidence, as well as depositions under an oath. This stage takes up the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out the statute of limitations will expire and you'll likely lose the right to collect damages. That's why it's crucial to talk to an attorney for personal injury about your case early on even if not sure if the incident occurred within the timeframe. A statute of limitation is a law of the state that establishes a deadline for filing lawsuits. In the majority of states the statute of limitations begins with the date of the accident or incident that caused your injuries. The deadline to file a lawsuit also depends on the party you are 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 is shorter. Additionally, there are certain situations which could change the statute of limitations in your situation. For example, if you were exposed to harmful substances or a victim of medical malpractice The statute of limitations may start when you realize or ought to have realized that your injuries were caused by negligence. In certain instances the statute of limitations may be extended for minors. If you make an injury claim after the statute of limitations has expired the defendant will likely inform the court about this and request that your lawsuit be dismissed. In this case the court will decide to dismiss your claim summarily without hearing. This is why it's crucial to consult an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a legal formal document filed by a plaintiff that alleges an actionable cause, and a demand for judicial relief. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant must then respond within a specified timeframe. A defendant will usually reject the claim. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf. In most cases, personal injury claims can result in bodily harm. Physical injuries can be very expensive, and your attorney will work to ensure you receive compensation for any current medical bills, as well as any future expenses you anticipate. These expenses include medication as well as home care and physical therapy. You can also claim for any loss in quality of life caused by your injury. This includes things like the inability to walk, sleep or drive normally. This type of damage is referred to as suffering and pain. When a complaint is made when a complaint is filed, the court will hold a preliminary meeting to plan the mandatory oral and physical examinations as well as any document production. Your lawyer will then draft an Bill of Particulars. This is a detailed description of your injuries. This will include the losses you have suffered including your future and current medical expenses loss of wages, as well as property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you're seeking. If the case is deemed to be a probable cause the case will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable reason or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy by registered or certified mail within a certain time frame. The defendant has to respond, or they risk a default judgement against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. It could include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is accountable for the harm you suffered. During the middle part of a lawsuit, also known as “discovery,” each party gets to ask questions and inspect evidence held by the other party. Your attorney is crucial in this stage of negotiations as the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also request to have you examined by the doctor of their choice in regard to the injuries and damages you're seeking. If Baltimore injury lawsuits do not show up, the court may dismiss your case. Or order that you pay for the defendant's exam costs. After discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then set the date for the trial. During the trial the jury will determine if the defendant is at fault for the accident and injuries. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not responsible, the jury will deny your claim. Trial A personal injury claim involves a wide range of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit may also be filed for non-physical injuries like discomfort and pain, as well as 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 the cause of the incident and the extent of your damages. He or she will then negotiate with the insurance company of the party who is at fault. Your attorney will stay in touch with you about any significant developments and negotiations throughout the process. After negotiations are unsuccessful, your lawyer will file a formal complaint in court against defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, describes the incident, alleges wrongdoing, and requests compensation. The complaint must be served personally and must be delivered physically to the defendant. It typically takes a month. After service has been completed the defendant has to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer explains whether the defendant is willing to admit the allegations made in the Complaint or denies them. In this phase your lawyer could provide medical records, documents as well as other evidence to prove your case. The attorney representing the defendant will respond to these documents and the two sides will start discussions. If the parties are unable to come to an agreement, mediation or arbitration may be required before your case can go to trial. A large portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer has to pay any companies with lien on the money settlement through a specific account for escrow before he or she will write you a check.