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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. The cases typically involve a person at fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through all medical records along with other documents, to determine the full extent and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury claim, the court awards them money to pay for damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized for medical expenses and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment of living are more difficult to quantify. Writing down how your injuries have affected you can help improve your chance of winning the most money for damages that are not economic. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to complete things you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is especially true when a person or business acts with fraud, criminal intent or gross negligence. The court can also award punitive damages to deter other people from acting in the same way. Once a lawsuit is filed the defendants will be served with a summons and complaint. They must respond, also known as an answer, within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed, the case enters the phase of fact-finding, also known as discovery. This is the time when both parties will exchange relevant information and evidence, including depositions under an oath. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose your right to recover damages. It is important to consult an attorney for personal injuries whenever you can even if you're unsure certain whether the incident occurred before the timeframe. A statute of limitations is a law in a state that sets a time limit on how long you have to bring a lawsuit for injury. In many states, the statute of limitations runs at the time of the incident or accident that led to your injuries. Santa Maria injury lawsuit www.youtube.com to file a lawsuit also depends on who you are suing. For instance, if you would like to sue a local government entity (such as a city or county), the deadline is significantly shorter. Additionally there are certain circumstances which could change the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for example, the statute of limitation can begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain cases, minors are exempt from the statute of limitation. If you file a claim for injury after the statute of limitations has expired, your defendant will likely inform the court about this and ask that your lawsuit be dismissed. In this instance the court will decide to dismiss your claim summarily without a hearing. It is important to consult an attorney who specializes in personal injury as soon as possible to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is an official legal document filed by a party who asserts a cause of action and demands the judicial remedy. The complaint should also define the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. In general, a defendant will reject the claim. If the defendant does not respond to the claim, a default judgement may be entered for the petitioner. Personal injury claims are usually founded on bodily injury. Physical injuries can be extremely expensive, and your lawyer will work to ensure that you get paid for any existing medical bills and any future costs that are anticipated. This includes things like medications, 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 walk, drive or sleep normally. This kind of injury is referred to as suffering and pain. When a complaint is filed, the court will hold a preliminary meeting to set the date for obligatory oral and physical examinations as well as any document production. Your lawyer will then draft an Bill of Particulars. It is a comprehensive description of your injuries. It will include all the losses you have suffered which include the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment in your life and any other damages that are not monetary that you are seeking. If the case is deemed to be probable cause the case will be scheduled for public hearing. If the complaint is dismissed because of a ruling that there is no probable cause, or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant through certified or registered mail within a certain timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries sustained by you in more depth. It may include photographs of your injuries, medical bills and lost wages. It may also include details of the accident and how the defendant is responsible for the harm you suffered. In the middle of a lawsuit, referred to as “discovery” in which each party is able to ask questions and look over evidence provided by the opposing party. Your attorney is crucial in this phase of negotiations as the representatives of the defendants want complete information before they make settlement offers. Your lawyer can also request that you be examined by any doctor they choose in regard to the injuries and damages you're seeking. If you fail to attend, the judge may dismiss your case or require that you pay the defendant the cost of their examination. Once discovery and inspection are completed, lawyers on each side can submit a document referred to as an “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then schedule a trial. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is at fault, the jury may award you damages. If the defendant isn't responsible and the jury denies your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander), and physical harm from accidents like car crashes and falls. Additionally, lawsuits can also be filed to address non-physical injuries like suffering and pain, as well as loss of companionship. In the early stages of your case, your lawyer will research the accident to determine what happened and the magnitude of your losses. Then, he will negotiate with the at-fault party's insurance company. Your attorney will stay in touch with you about any significant developments and negotiations throughout the entire process. After negotiations have failed, your lawyer will file a formal complaint in court against the defendant. A Complaint is the first official document in a civil lawsuit that names the parties, explains the incident, argues for wrongdoing, and seeks compensation. The complaint must be personally served, which means that it must be handed over physically to the defendant. It typically takes approximately 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 will explain whether the defendant denies or admits the allegations made in the Complaint. During this stage your lawyer will provide medical records, documents and other evidence to support your argument. The lawyer representing the defendant will respond to these documents and then the two sides will begin negotiations. If the parties are unable to reach an agreement, then mediation or arbitration may be required before a trial can take place. A significant portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any companies that have liens on the monetary settlement out of a separate escrow account before he or they can issue a check.