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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these cases the defendant is typically the one who is responsible for the incident. The plaintiff is typically the injured party. Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury lawsuit, the courts award them funds to pay for their damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are the ones that can be quantified that can be categorized for medical expenses and lost earnings. General damages are harder to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keep a journal in which you can record how your injuries affected your life. This will increase your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to complete things you once took for granted. In many personal injury lawsuits there are many defendants. This is the most frequent scenario when a business or person is guilty of fraud, criminal intent and gross negligence. The court may also award punitive damages to discourage others from acting in the same way. Once a lawsuit is filed, the defendants will receive a summons and complaint. The defendants will be required to submit a response (also called an answer) within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer has been filed, the case enters a stage of fact-finding known as discovery. Las Vegas injury lawyer will exchange information and evidence in this stage including depositions. 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's likely that you will lose your right to receive damages. It is crucial to speak with an attorney for personal injuries as soon as possible even if you're unsure certain if the incident occurred before the timeframe. A statute of limitation is a state law which establishes a deadline for filing a lawsuit. In the majority of states the statute of limitations begins on the date of the accident or incident which caused your injuries. The deadline for filing a lawsuit for injury also depends on who you are suing. If you want 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 circumstances that could alter the statute of limitations in your case. If you were exposed toxic substances or were the victim of medical malpractice, for example, the statute of limitation can begin when you discover or reasonably should have known that your injuries are the result of negligence. In certain instances, minors are exempt from the statute of limitation. If you file an injury claim after the time limit has expired the defendant will likely point this out to the court and request your lawsuit to be dismissed. In this case the court will decide to dismiss your claim in a hurry without a hearing. That's why it is important to talk with an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is an official legal document filed by a party that asserts a cause of action and demands the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specific time frame. The defendant is usually able to decline to respond. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. Most personal injury claims involve actual bodily harm. Your attorney will make sure that you are compensated both for medical bills currently incurred as well as any future expenses. This includes things like medications or home care, as well as physical therapy. You may also be able to claim any loss in quality of life resulted from your injury. This includes things like being unable to drive, sleep or walk normally. This kind of damage is known as suffering and pain. The court will call an initial conference once the complaint has been filed to schedule any mandatory oral or physical examinations, and also the production of any documents. Your lawyer will then draft an Bill of Particulars. It is a thorough description of your injuries. It will include your losses including your current and future medical expenses loss of wages, as well as property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in life and any other non-monetary damages that you're seeking. If the case is determined to be a probable cause your case will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a certain timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in greater detail. It could include photographs of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for your injuries. During the middle part of a lawsuit, also known as “discovery,” each party is allowed to ask questions and inspect evidence held by the other party. Your attorney will be important in this stage of negotiations as the defendant's representatives want complete information before they make settlement offers. Your lawyer may also request that you undergo an examination by the doctor of their choice regarding the damages and injuries you're seeking. If you fail to take part, the judge may dismiss your case or require that you pay the defendant their examination costs. Once discovery and inspection are completed, lawyers on both sides may submit a document referred to as the “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then set an appointment date for the trial. During the trial, a jury will decide if the defendant is at fault for the accident and injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not at fault and the jury decides to deny your claim. Trial A personal injury case can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. A lawsuit can also be filed for non-physical injuries such as discomfort and pain and loss of companionship. Your lawyer will conduct an investigation on the accident during the early stages of the case to determine the exact cause and the extent of your injuries. Then, he will negotiate with the insurance company. Your attorney will keep in contact with you regarding any significant developments and discussions throughout the 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 suit that identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. This usually takes around one month. Once service is complete the defendant has to “answer” the Complaint within a specific time, which is usually 30 days. The answer explains whether the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. In this phase your lawyer could provide medical records, documents as well as other evidence to prove your argument. The lawyer representing the defendant will submit an answer to these documents and the two sides will continue to negotiate. If the parties are not able to come to an agreement, mediation or arbitration may be required prior to your case is put to trial. However, a substantial portion of personal injury cases settle out of court. Your lawyer must first pay any businesses that have lien on your monetary award through a specialized escrow fund before issuing you the check.