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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 lawsuits typically involve a person who is at fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through 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 with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury lawsuit, the courts award them funds to cover their losses. These funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are those that can be quantified that can be listed, such as medical bills and lost earnings. General damages are harder to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keep a diary to record the way your injuries affected you. This will increase your chance of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels as well as mental anxiety and your ability to complete activities you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when a person or business is guilty of gross negligence, fraud, and criminal motives. The court can also award punitive damage to deter other people from engaging in the same manner. After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants must respond (also known as an answering) within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed, the case is moved to an investigation known as discovery. This is the time when both parties will share relevant information and evidence, including depositions under oath. This is where you will find the majority of time in a personal injury lawsuit timeline. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is possible 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 unsure certain whether the incident occurred within the deadline. A statute of limitations is a state law that sets a time limit on the amount of time you must bring a lawsuit for injury. In most states, a statute of limitations begins on the date on which the accident or incident caused your injuries. The time frame to file a lawsuit also depends on who you are suing. For example, if you want to sue a municipal government agency (such as a county or city) the deadline is shorter. There are also certain situations that may change the time limit in your particular case. For instance, if were exposed to harmful substances or suffered medical malpractice the statute of limitations may start when you realize, or reasonably should have realized that your injuries were caused by negligence. In certain cases minors are not subject to the statute of limitation. If you file an injury claim after the statute of limitations has expired the defendant will most likely to inform the court and request the case to be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. This is why it's important to consult an experienced personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a party that claims a cause of action and seeks legal relief. The complaint should also state the kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a certain time frame. The defendant is usually able to decline to respond. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner. In the majority of cases, personal injury claims are based on actual bodily harm. Physical injuries can be very costly, and your attorney will work to ensure that you get paid for any existing medical bills as well as any anticipated future expenses. These include things like medication as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is known as suffering and pain. If a complaint is filed when a complaint is filed, the court will convene a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. It is a thorough description of your injuries. This will include your losses including your current and future medical expenses, lost wages and property damage. Your lawyer will also outline the possible emotional distress and disfigurement, the loss of enjoyment of life and any other damages that you're seeking. If your case is determined to be probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable cause or because the court is not in jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff files a complaint with the court and sends the defendant a copy via certified or registered post within a specified time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the injuries and damages you've sustained more fully. This could include photos of your injuries, medical expenses and lost wages. It may also include details of the incident and the manner in which the defendant is accountable for your injuries. During the middle part of a lawsuit called “discovery,” each party gets to ask questions and inspect the evidence of the other party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, so your attorney will play a crucial role in negotiations during this phase. Your lawyer can also request that you be examined by a doctor of their choosing regarding the damages and injuries you're claiming. If you don't attend, the court may dismiss your case. Or, they may require that you pay for the doctor's examination 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 for trial. The judge will then set the date for a trial. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant isn't responsible, the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit can also be filed for physical injuries like discomfort and pain, as well as loss of companionship. Your lawyer will conduct an investigation on your accident in the initial stages of the case to determine the exact cause and the extent of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at fault. Your lawyer will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process. After negotiations are unsuccessful the lawyer will file a formal complaint in court against defendant. Ann Arbor injury attorneys is the initial official document in a civil lawsuit. It identifies the parties, describes the incident, argues for wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. It usually takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer is whether the defendant admits to the allegations made in the Complaint or denies them. During this stage your lawyer will submit medical records, documents and other evidence to support your case. The defendant's lawyer will submit a response to these documents, and the two sides will then engage in further discussions. If the parties are not able to reach a settlement, mediation or arbitration may be required before your case can go to trial. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any companies that have liens on your award through a specialized account before distributing an actual check.