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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. These cases often involve a person at fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through your medical records and other documentation to assess the full extent of your injuries, the costs 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 case, the judge will award them money to pay for damages. The money can be awarded in a lump sum or spread over a time period, as part if the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those which can be listed and are measurable like medical expenses and lost wages. General damages are harder to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Writing down the way your injuries have affected you you can help improve your chance of winning the maximum amount of compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental anguish and how your injuries affect your ability to participate in activities you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is the most frequent scenario when a person or business acts with fraud, criminal intent, and gross negligence. The court may also make punitive damages in order to discourage others from committing the same way. Dearborn injury lawsuits www.youtube.com are served with a summons along with a complaint after the lawsuit has been filed. The defendants must respond (also called an answering) within 30 days. Typically, the defendants will contest the allegations made in the complaint. Once the answer is filed the case will move to a fact-finding stage known as discovery. The parties will share information and evidence during this phase, including taking depositions. This stage 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, it is likely that you'll lose your right to receive damages. That's why it is important to talk to an attorney for personal injury about your case early on, even if you are not sure if the incident happened within the deadline. A statute of limitation is a state law which provides a time frame for filing lawsuits. In most states the statute of limitations begins the date that the accident or incident caused your injuries. The time limit to file a lawsuit is dependent on the person you are seeking to sue. For example, if you are seeking to sue a municipal government entity (such as a county or city) the deadline is significantly shorter. There are certain circumstances which could change the statute of limitations in your case. 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 ought to have known that your injuries are the result of negligence. In certain cases the statute of limitations may be tolled for minors. If you submit 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 summarily without hearing. That's why it is important to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a legal document filed by a plaintiff which declares an action, and a demand for the judicial remedy. The complaint must also specify the type of relief the plaintiff seeks. The defendant is then required to respond within a specified timeframe. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor. In most cases, personal injury claims involve actual bodily injury. Physical injuries can be costly, and your attorney will work to ensure that you get paid for any existing medical bills as well as any future expenses you anticipate. These expenses include medications or home care as well as physical therapy. You can also claim any loss in quality of life that is caused by your injury. This includes things like being unable to walk, sleep or drive normally. This type of damage is called pain and suffering. The court will call an initial conference once a complaint has been filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Following the conference your lawyer will draft an Bill of Particulars. This is a detailed account of your injuries. It will include your losses including your future and current medical costs loss of wages, as well as property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life, as well as any other non-monetary damages that you're seeking. If your case is determined to have probable cause, you will be scheduled for an open hearing. If the complaint is dismissed because of a decision 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 begins with the issue of a summons. The plaintiff file the complaint with a court and sends a copy of the document to the defendant through registered or certified mail within a specified timeframe. The defendant has to 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 could include photos of your injuries, medical bills, and lost wages. It also includes details of the accident and how the defendant is responsible for the harm you suffered. During the middle part of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and examine evidence that is held by the other party. Your attorney will be important during this stage of negotiations since the representatives of the defendants want complete information before they make settlement offers. Your lawyer can also ask that you undergo an examination by the doctor of their choice in relation to the damages and injuries you're claiming. If you do not show up, the court may dismiss your case. Or order that you pay for the defendant's examination costs. After discovery and inspection have been completed, the lawyers on each side can submit a document referred to as an “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then set a trial date. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant is not accountable, the jury will deny your claim. Trial A personal injury lawsuit can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents like 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 a thorough investigation regarding your accident in the initial stages of the case to determine the exact cause and the extent of your injuries. Then, he will work with the insurance company. Your lawyer will keep you up to current on any negotiations and significant developments during this process. If negotiations fail the lawyer will submit a formal complaint to the court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, describes the incident, argues for wrongdoing, and seeks compensation. The complaint must be served personally which means it must be physically handed to the defendant. It usually takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or admits the allegations made in the Complaint. In this phase your lawyer will submit medical records, documents and other evidence to back your argument. The defendant's attorney will respond to these documents, and then the two sides will begin further negotiations. If the parties can't come to an agreement, mediation or arbitration may be required prior to trial can begin. A large portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any businesses that have lien on the settlement out of a separate account for escrow before he or will issue you an official check.