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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these instances, the defendant is usually the one who is at fault. The plaintiff is typically the injured party. Your attorney will review your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury lawsuit the courts award them money to cover their losses. These funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are measurable costs that can be listed, such as medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of living are more difficult to quantify. Keep a journal in which you can record how your injuries impacted your life. This will increase your chances of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to do activities you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or individual acts with fraud, criminal intent and gross negligence. The court may also make punitive damages in order to discourage others from committing the same manner. The defendants are served with a summons along with a complaint once the lawsuit has been filed. The defendants must respond (also known as an answering) within 30 days. Typically, defendants will contest the allegations made in the complaint. Once the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will share information and evidence in this stage including depositions. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out you could lose the right to collect damages. It is essential 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 provides a time frame for filing an action. In the majority of states, a statute of limitations starts on the date that the accident or incident caused your injuries. The deadline for filing a lawsuit for injury is dependent on the person you are suing. For example, if you are seeking to sue a municipal government agency (such as a county or city), the deadline is significantly shorter. In addition, there are certain situations which could change the statute of limitations in your case. For instance, if you were exposed to toxic substances or suffered medical negligence the statute of limitations may start when you realize or ought to have realized, that your injuries were caused by negligence. In certain cases the statute of limitations may be tolled for minors. If you make a claim for injury after the statute of limitations has expired, your defendant will likely inform the court about this and request that your case be dismissed. In this scenario, the court will dismiss your claim in a hurry without hearing. It is crucial to speak with an attorney for personal injuries as soon as possible to discuss your situation and determine if you have an official claim. Complaint A complaint is a legal document filed by a person who alleges an actionable cause, and a demand for legal relief. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specified time frame. A defendant will usually deny the claim. If the defendant does not respond, a default judgment may be entered in the petitioner's favor. Most personal injury claims are based on actual bodily harm. Physical injuries can be extremely costly, and your attorney will work to ensure you are compensated for any existing medical bills and any future expenses you anticipate. These costs include medical expenses, home care, and physical therapy. You can also claim for any loss in your quality of life resulted from your injury. Tacoma injury lawyers includes things like the inability to drive, sleep or walk normally. This kind of injury is referred to as pain and suffering. The court will call a preliminary conference when the complaint is filed. This will be used to schedule any required physical or oral examinations, as well as the production of any documents. Your lawyer will then prepare a Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life as well as any other damages not monetary you are seeking. If the case is determined to have probable cause your 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 doesn't have jurisdiction, you may 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 by registered or certified mail within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It could include photographs of your injuries, medical bills and lost wages. It also contains details about the accident and what the defendant is responsible for your harm. In the middle of a lawsuit, called “discovery” in which each party is able to ask questions and look over evidence presented by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, and your attorney will play a crucial role in negotiations during this time. Your lawyer can also ask that you be examined by the doctor of their choice in relation to the damages and injuries you're seeking. If you fail to attend, the judge may dismiss your case, or demand that you pay the defendant for the costs of their examination. After the discovery and inspection, attorneys on both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then set the trial date. During the trial, a jury will decide if the defendant is at fault for the accident and injuries. If the defendant is liable and the jury awards you damages. If the defendant isn't responsible then the jury will dismiss your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents like car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as suffering and pain, as well as loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what occurred and the extent of your losses. The lawyer will then engage with the insurance company of the party who is at the fault. Your attorney will stay in touch with you on any significant developments and negotiations throughout the entire process. If negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. A Complaint is the initial official document in a civil suit that identifies the parties, describes the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. This usually takes approximately a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations made in the Complaint. In this phase your lawyer could submit medical records, documents as well as other evidence to prove your argument. The attorney representing the defendant will then respond to these documents, and then the two sides will start further negotiations. If the parties are not able to reach an agreement the mediation or arbitration process could be required prior to your case goes to trial. However, a significant percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer has to pay any companies with liens on the monetary settlement out of a separate account for escrow before he or they can issue a check.