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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. The cases typically involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will examine your medical records and other documents to understand the full extent of your injuries, the costs and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury claim, the court awards them money to pay for damages. The money can be awarded in lump sums or spread out over a time period in the settlement is structured. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are measurable costs that can be listed, such as medical bills and lost earnings. General damages are difficult to quantify a dollar amount on, like suffering and suffering, as well as loss of enjoyment of life. Keep a journal to document how your injuries impacted your life. This increases your chances of receiving the most compensation for any non-economic losses. This includes the effect on your relationships, daily pain levels mental stress and your ability to perform things you used to take for granted. In a majority of personal injury cases, multiple defendants are at fault. This is especially true when a business or person is guilty of criminal intent, fraud and gross negligence. The court can also give punitive damages to discourage others from committing the same manner. The defendants will receive a summons with an accusation once a lawsuit is filed. The defendants will be required to submit a response (also called an answering) within 30 days. Typically, defendants not deny the allegations contained in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. The parties will share information and evidence in this stage and may even conduct depositions. This is the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. This is why it's important to consult a personal injury lawyer about your case as early as possible, even if you are not sure if the incident happened within the deadline. A statute of limitations is a law of the state which sets a time frame on the amount of time you have to bring a lawsuit for injury. In many states the statute of limitations begins the date that 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 seeking to sue. For instance, if are seeking to sue a municipal government entity (such as a city or county), the deadline is shorter. There are also certain situations which could change the statute of limitation in your situation. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain cases, the statute of limitations can be extended for minors. If you file 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 dismiss your claim summarily without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document that is filed by a person who claims a cause of action and demands judicial relief. The complaint should also define the type of relief the plaintiff is seeking. The defendant is then required to respond within a specified time frame. In general, a defendant will not respond to the claim. If the defendant does not respond, default judgment can be made in favor of the petitioner. Personal injury claims are generally based on actual bodily harm. Your attorney will ensure that you are compensated both for your current medical bills and any future expenses. These costs include medical expenses or home care as well as physical therapy. In addition, you can claim compensation for any loss in quality of life caused by your injuries. This includes things like the inability to walk, drive, or sleep normally. This kind of damage is known as suffering and pain. The court will set up a preliminary conference when a complaint has been filed. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. It will include your losses including your future and current medical expenses, lost wages and property damage. Your lawyer will also describe the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you are seeking. If the case is found to be a probable cause your case will be scheduled for public hearing. If your complaint is rejected due to a determination of no probable cause or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff file a complaint with the court and then sends the defendant a copy via certified or registered post within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which sets out the damages and injuries you've sustained more fully. It may include photographs 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 injury. During the middle part of a lawsuit called “discovery,” each party gets to ask questions and inspect the evidence of the other party. Your attorney is crucial during this stage of negotiations since the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also ask that you be examined by a doctor of their choosing in regard to the damages and injuries you're claiming. If High Point injury lawsuit youtube.com do not attend, the judge may dismiss your case, or demand that you pay the defendant the cost of their examination. After a discovery and inspection, attorneys from 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 set an appointment 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 at fault the jury could award you damages. If the defendant isn't responsible, the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents like car crashes and falls. In addition, lawsuits can also be filed for physical injuries, such as suffering 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. He or she will then discuss the matter with the insurance company of the party at fault. Your attorney will keep you informed and up to current on any negotiations and significant developments during this process. If negotiations fail, your lawyer will submit a formal complaint to the court against the defendant. A complaint, the first official document filed in a civil suit, lists all parties, outlines the incident and lays out allegations of wrongdoing. It also seeks compensation. The complaint must be personally served and must be physically handed to the defendant. It typically takes a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. In this stage, your lawyer can submit documents, medical records as well as other evidence in support of your case. The defendant's lawyer will submit an answer to these documents and the two sides will then engage in further discussions. If the parties can't reach an agreement, mediation or arbitration could be required prior to trial can begin. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any businesses that have lien on your monetary award through a specialized escrow fund before issuing you a check.