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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. In these instances the defendant is typically the person who is at fault. The plaintiff is typically the victim. Your lawyer will review all medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damage. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit, the judge will award the plaintiff a sum of money to cover damages. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are measurable costs that can be categorized for medical expenses and lost earnings. General damages are difficult to place a dollar value on, like pain and suffering and loss of enjoyment of life. Keep a journal in which you can record how your injuries impacted your life. This increases your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to perform activities you used to take for granted. In a majority of personal injury cases, multiple defendants are responsible. This is especially common when a person or business commits gross negligence, fraud, and criminal intention. The court may also make punitive damages in order to discourage others from committing the same manner. The defendants will receive an order with a complaint once the lawsuit has been filed. The defendants are required to submit a response (also called an answer) within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires you could lose the right to collect damages. It is important to consult an attorney in personal injury whenever you can even if you're unsure certain whether the incident occurred within the deadline. A statute of limitation is a state law which sets a deadline for filing lawsuits. In the majority of states, a statute of limitations starts on the date of the incident or incident led to your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you are suing. For instance, if are seeking to sue a municipal government entity (such as a county or city), the deadline is shorter. There are certain circumstances which could change the time limit in your case. If you were exposed 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 due to negligence. In some cases minors are not subject to the statute of limitations. If you file a claim for injury after the statute of limitation has expired Your defendant is likely to inform the court of this and ask to dismiss your claim. In this instance the court will decide to dismiss your claim summarily without a hearing. It is essential to contact an attorney for personal injuries immediately to discuss your case to determine if you can make an official claim. Complaint A complaint is an official legal document that is filed by a party that claims a cause of action and seeks judicial relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a specified time frame. 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 to the petitioner's behalf. Personal injury claims are generally caused by bodily injury. Your attorney will ensure that you receive compensation for your current medical bills and any future costs. These include things like medication or home care, as well as physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This type of damage is referred to as pain and suffering. When a complaint is filed, the court will hold a preliminary conference to plan mandatory physical and oral examinations, as well as any document production. Your lawyer will then prepare a Bill of Particulars. This is a detailed report of your injuries. It will include all of your losses, including the costs of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other non-monetary damages that you are seeking. If the case is deemed to have probable cause the case will be scheduled for public hearing. If the complaint is dismissed because of a determination that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant through registered or certified mail within a specified timeframe. The defendant must respond or risk default judgment against them. click the following page will file an Bill of Particulars, which details the injuries and damages you've sustained more fully. This may include photos of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for your injuries. In the middle of a lawsuit, called “discovery”, each party is given the chance to ask questions and review evidence presented by the opposing party. Your lawyer will be crucial during this stage of negotiations because the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also ask that you undergo an examination by the doctor of their choice regarding the injuries and damages you're seeking. If you don't attend, the court may dismiss your case. Or order that you pay for the doctor's examination costs. Once discovery and inspection are completed, lawyers on both sides can submit a document referred to as the “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then determine an appointment date for the trial. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you suffered. If the defendant is accountable and the jury awards you damages. If the defendant is not accountable then the jury will deny your claim. Trial Personal injury claims can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries such as suffering and pain, as well as loss of companionship. Your lawyer will conduct an investigation regarding your accident in the early stages of the investigation to determine the exact cause and extent of your injuries. Then, he or she will negotiate with the insurance company of the at-fault company. Your lawyer will keep you up-to current on any negotiations and significant developments throughout this process. If negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A Complaint is the first official document in a civil suit that 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 physically delivered to the defendant. It typically takes a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant admits to the allegations in the Complaint or denies them. During this stage, your lawyer may submit documents, medical records and other evidence to support your argument. The defendant's lawyer will submit an answer to these documents and the two sides will then engage in further discussions. 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 out of court. Your lawyer must first pay any companies with liens on your monetary award from a specific account before distributing a check.