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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 person who is at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through your medical records and other documentation to assess the full extent of your injuries, the costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case, the courts award them money to pay for their damages. The funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are expenses that can be itemized and quantifiable, such as medical expenses and lost wages. General damages are harder to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment of life. Keep Vacaville injury attorney YouTube to document how your injuries impacted 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, your daily pain levels and bouts of mental stress and how your injuries impact your ability to engage in activities you once took for taken for granted. In many personal injury lawsuits there are many defendants. This is most common when a business or person is guilty of criminal intent, fraud and gross negligence. The court can also award punitive damages to deter others from acting in the same way. The defendants receive a summons along with a complaint after the lawsuit has been filed. The defendants must respond (also called an answer) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. This is when both parties will share relevant information and evidence, including taking depositions under oath. This stage accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to claim damages. It is crucial to speak with an attorney for personal injuries whenever you can even if you're not certain whether the incident occurred before the deadline. A statute of limitations is a law of the state that sets a time limit on how long you must bring a lawsuit for injury. In most states, a statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline to file a lawsuit for personal injury also varies depending on the individual you are suing. For example, if you want to sue a municipal government agency (such as a city or county), the deadline is shorter. Additionally, there are certain situations which could change the statute of limitations in your particular case. For instance, if you were exposed to toxic substances or suffered medical malpractice the statute of limitations may start when you realize or should have realized that your injuries were caused by negligence. In some cases minors are not subject to the statute of limitations. If you submit an injury claim after the statute of limitation has expired the defendant will likely inform the court of this and request that your case be dismissed. In this scenario the court will dismiss your claim in a hurry without hearing. That's why it is important to talk with 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 legal document filed by a person who declares a cause of action and demands legal relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified timeframe. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered for the petitioner. In the majority of cases, personal injury claims can result in bodily harm. Your lawyer will ensure that you receive compensation for your current medical bills and any future costs. This includes things like medications or home care, as well as physical therapy. In addition, you can claim compensation for any loss in 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 pain and suffering. If a complaint is filed, the court will hold a preliminary conference to schedule obligatory oral and physical examinations as well as any document production. Your lawyer will then prepare the Bill of Particulars. This is a thorough description of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical expenses, lost earnings and property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you are seeking. If your case is determined to be a 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 lacks jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff submits a complaint to the court and sends the defendant a copy via certified or registered post within a specific time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries suffered by you in greater detail. This could include photos of your injuries, medical bills and lost wages. The document also includes information about the incident and how you believe the defendant is accountable for the damage. During the middle phase of a lawsuit, referred to as “discovery” in which each party is able to ask questions and examine evidence held by the other party. The defendant's representatives will need to have all the facts before making settlement offers, and your attorney will play an important role in negotiations during this time. Your lawyer may also request that you are examined by a doctor they choose for the injuries or damages you're seeking. If you do not take part, the judge may dismiss your case or order that you pay the defendant their examination costs. After discovery and inspection, attorneys on both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then schedule the trial. 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 is not at fault then the jury will deny your claim. Trial A personal injury claim involves a wide range of injuries that include 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, such as discomfort and pain and loss of companionship. In the initial stages of your case the lawyer will investigate your accident to fully understand the cause of the incident and the extent of your losses. Then, he or she will work with the insurance company. Your attorney will stay in contact with you regarding any significant developments and discussions throughout the entire process. Once negotiations have failed, your lawyer will make a formal complaint to court against the defendant. A complaint, the first official document in a civil suit, lists all parties, outlines the incident and alleges wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. This typically takes about a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations contained in the Complaint. In this phase your lawyer could submit medical records, documents and other evidence to support your argument. The lawyer representing the defendant will submit a response to these documents and the two sides will continue to negotiate. If the parties are unable to reach a settlement the mediation or arbitration process could be required before your case is put to trial. However, a substantial portion of personal injury cases settle out of court. Your lawyer must first pay any company that have lien on your monetary award through a specialized account before distributing the check.