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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These cases often involve a person who is at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will review your medical records along with other documentation, in order to determine the totality and cost of your injuries and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury claim, the judge will award the plaintiff money to pay damages. These funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are the ones that can be quantified that can be listed like medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment, are more difficult to quantify. Keep a journal to document 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 mental stress and your ability to complete things you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a person or business acts with the most blatant negligence, fraud and criminal intention. The court may also award punitive damage to discourage others from engaging in the same manner. After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants must provide a response (also known as an answering) within 30 days. Typically, defendants not deny the allegations contained 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, as well as depositions under oath. This phase takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it is likely that you'll lose the right to damages. It is crucial to speak with a personal injury attorney as soon as possible, even if you're not certain whether the incident occurred within the deadline. A statute of limitations is a state law which sets a deadline for filing lawsuits. In the majority of states, the statute of limitations runs on the date of the incident or accident that led to your injuries. The time limit for filing a lawsuit for injury also depends on the party you are suing. For instance, if you are seeking to sue a municipal government entity (such as a county or city) the deadline is shorter. Additionally, there are certain situations that can change the statute of limitations in your situation. If you were exposed to toxic substances or were the victim of 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 some cases, the statute of limitations may be tolled for minors. If you make a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and request that your lawsuit be dismissed. In this instance, the court will dismiss your claim summarily 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 legitimate legal claim. Complaint A complaint is a legal formal document filed by a person who asserts an actionable cause and demands judicial relief. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specified timeframe. In general the event of a denial, the defendant will deny the claim. If the defendant fails to respond, a default judgment may be granted for the petitioner. In most cases, personal injury claims involve actual bodily injury. Physical injuries can be expensive, and your attorney will work to ensure that you receive compensation for any current medical bills and any future expenses you anticipate. These expenses include medications as well as home care and physical therapy. In addition, you can claim for any loss of quality of life resulting from your injuries. This includes things like the inability to walk, drive, or sleep normally. This type of damages is known as pain and suffering. If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. Your lawyer will prepare a Bill of Particulars. Gilbert injury lawyers is a thorough description of your injuries. This will include the losses you have suffered including future and present medical expenses loss of wages, as well as property damage. Your lawyer will also detail the possible emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you seek. If your case is determined to be probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court is not in authority, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files the complaint with a court and sends a copy of the document to the defendant by certified or registered mail within a certain timeframe. The defendant must respond, or they 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 specific detail. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you think the defendant is responsible for the harm. During the middle part of a lawsuit referred to as “discovery,” each party is allowed to ask questions and inspect evidence held by the other party. Your attorney will be important in this phase of negotiations since the representatives of the defendants want full information before making settlement offers. Your lawyer can also request that you be examined by a doctor of their choosing regarding the damages and injuries you're seeking. If you do not take part, the judge may dismiss your case or require that you pay the defendant the cost of their examination. After the discovery and inspection, attorneys on both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then decide on the trial. During the trial, a jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is at fault, the jury may award you damages. If the defendant is not at fault, the jury will reject your claim. Trial Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit may also be filed for physical injuries such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct an investigation regarding your accident in the early stages of the case to determine the exact cause and extent of your injuries. Then, he will work with the at-fault party's insurance company. Your attorney will keep in touch with you on any significant developments and negotiations throughout the entire process. If negotiations are unsuccessful the lawyer will file an official complaint in court against defendant. A complaint, the first official document of civil lawsuits, names all parties, describes the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be served personally which means it must be delivered physically to the defendant. This usually takes approximately a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or acknowledges the allegations contained in the Complaint. During this phase, your lawyer can submit documents, medical records as well as other evidence in support of your case. The lawyer for the defendant will provide a response to these documents and the two parties will then engage in further discussions. If the parties are unable to reach a settlement the mediation or arbitration process could be required prior to your case can go to trial. A significant number of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any businesses that have liens on the monetary settlement out of a separate account for escrow before he or they can issue a check.