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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These cases often involve a party who is at fault (defendant) and an injured party known as the plaintiff. Your attorney will review your medical records and other documents, to determine the totality and cost of your injuries and damage. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury case, the courts award them money to cover their losses. These funds can be awarded as lump sums or spread out over a period of time in the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are those that can be itemized and quantifiable, such as medical expenses and lost wages. General damages are more difficult to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keep a diary to record how your injuries affected you. This will increase your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, pain levels throughout the day as well as mental anxiety and your ability to perform things you once took for granted. In many personal injury cases, multiple defendants are accountable. This is most common when a business or an individual is guilty of gross negligence, fraud, and criminal motives. The court may also make punitive damages in order to discourage others from acting in the same manner. After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants will be required to submit a response (also called an answering) within 30 days. Typically, the defendants will deny the allegations in the complaint. After the answer has been filed, the case is moved to an investigation known as discovery. This is when the parties exchange pertinent information and evidence, which includes taking depositions under oath. This is the majority of a personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to collect damages. This is why it's important to talk to an attorney who specializes in personal injury to discuss your case early even if not certain if the incident occurred before the deadline. A statute of limitations is a law of the state that establishes a deadline for filing an action. In the majority of states, a statute of limitations starts on the date that the accident or incident led to your injuries. The deadline for filing a lawsuit for personal injury is dependent on the individual you are suing. If you intend to sue an entity that is a part of the municipal government (such as a county or city) the deadline is shorter. There are certain circumstances that could alter the statute of limitation in your situation. If you have been exposed to 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 some cases, the statute of limitations can be tolled for minors. If you make an injury claim after the statute of limitations has expired Your defendant is likely to inform the court of this and ask to dismiss your claim. If this occurs, the court could dismiss your claim on the spot without a hearing. This is why it's crucial to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal formal document filed by a person who declares an actionable cause, and a demand for legal relief. The complaint must also specify the type of relief the plaintiff seeks. The defendant is then required to respond within a specified time frame. A defendant will usually decline to respond. If the defendant does not respond to the claim, a default judgement may be granted in favor of the petitioner. Personal injury claims are typically founded on bodily injury. Your lawyer will ensure that you get paid for medical bills currently incurred as well as any future expenses. These expenses include medication, home care, and physical therapy. You can also claim for any loss in quality of life resulted from your injury. This includes things like being unable to walk, sleep or drive normally. This kind of injury is known as pain and suffering. The court will call an initial conference once the complaint has been filed to schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then prepare the Bill of Particulars. This is a detailed account of your injuries. It will include all of your losses, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will also outline the possible emotional distress, disfigurement, loss of enjoyment of life, and any other damages that are not monetary you seek. If the case is found to be 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 doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant through registered or certified mail within a specific time frame. The defendant must respond, or else risk a 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 suffered more fully. This could include photos of your injuries, medical expenses and lost wages. The document also contains details regarding the accident and why you believe the defendant is responsible for the damage. During the middle phase of a lawsuit, called “discovery” the parties is given the chance to ask questions and examine evidence presented by the other party. Your attorney will be important in this phase of negotiations since the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer can also request to have you examined by a physician they select in connection with the damages or injuries you're claiming. If you do not show up, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs. After the discovery and inspection process is completed, the lawyers on each side can file something called an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then set the date for a trial. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't accountable, the jury will reject your claim. Trial A personal injury lawsuit encompasses a range of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries like the suffering of others and loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the beginning stages of the case to determine the precise cause and the extent of your injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your lawyer will stay in contact with you regarding any significant developments and negotiations throughout the entire process. If negotiations fail, your lawyer will file a formal complaint in the court against defendant. Des Moines injury attorney is the initial official document in a civil suit that identifies the parties, details the incident, alleges wrongdoing, and seeks compensation. The complaint must be personally served, which means that it must be physically handed to the defendant. It usually takes about one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer is whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. During this phase your lawyer may submit documents, medical records and other evidence to support of your case. The lawyer representing the defendant will submit a response to these documents, and the two sides will then engage in further discussions. If the parties can't reach an agreement, then mediation or arbitration may be required before trial can begin. A large portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies that have liens on the monetary settlement through a specific escrow account before he or they can issue an official check.