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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. These cases often involve a person who is at fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through all medical records and other documentation, in order to determine the full extent and cost of your injuries and the damages. 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 lawsuit the judge will award the plaintiff a sum of money to cover damages. The 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: special and general. Special damages are measurable costs that can be itemized for medical expenses and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify. Writing down the way your injuries have affected you you can help improve the odds of obtaining the most money for damages that are not economic. Burbank injury lawyer YouTube include the effects on your relationships, daily pain levels and bouts of mental anguish and how your injuries impact your ability to participate in activities you once took for taken for granted. In many personal injury lawsuits there are many defendants. This is especially common when a business or an individual is guilty of gross negligence, fraud, and criminal intent. The court may also award punitive damage to deter other people from doing the same thing. After a lawsuit has been filed, the defendants will receive a summons and complaint. They must file a response or answer, within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. This is the time when both parties will exchange relevant information and evidence, including depositions under oath. This stage takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations has expired you could lose your right to recover damages. It is essential to speak with a personal injury attorney as soon as you can, even if you're not certain whether the incident occurred before the time frame. A statute of limitations is a law of the state that sets a time limit on the amount of time you can bring a lawsuit for injury. In the majority of states the statute of limitations starts on the date of the incident or incident caused your injuries. The time frame to file a lawsuit also depends on who you are suing. For instance, if you would like to sue a local government agency (such as a county or city) the deadline is shorter. In addition there are certain circumstances that can change the statute of limitations in your case. If you have been 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 due to negligence. In certain cases the statute of limitations is tolled for minors. If you file an injury claim after the statute of limitations has expired the defendant will likely to inform the court and ask for the case to be dismissed. If this happens, the court will dismiss your claim on the spot without a hearing. It is important to consult a personal injury lawyer as soon as possible to discuss your case to determine if you are eligible to file an official claim. Complaint A complaint is an official legal document filed by a party who alleges a cause for action and demands legal relief. The complaint should also state the type of relief the plaintiff seeks. The defendant is then required to respond within a specified time period. A defendant is likely to decline to respond. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. Most personal injury claims are based on actual bodily harm. Physical injuries can be extremely expensive, 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 medication as well as home care and physical therapy. You can also claim any loss in quality of life resulted from your injury. This includes the inability to walk, drive or sleep normally. This type of damages is referred to as pain and suffering. When a complaint is made when a complaint is filed, the court will convene a preliminary conference to schedule the mandatory oral and physical examinations, as well as any document production. Your lawyer will then draft an Bill of Particulars. It will provide a full description of your injuries. It will include all your losses, including the costs of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in life, as well as any other non-monetary damages that you seek. If your case is determined to have probable cause you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable reason or because the court lacks authority, you can 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 certified or registered post within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in more specific detail. It could include photos of your injuries, medical bills, and lost wages. It also contains details about the accident and what the defendant is accountable for your harm. In the middle of a lawsuit, also known as “discovery”, each party is able to ask questions and review evidence presented by the other party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, so your attorney will play an important role in negotiations during this phase. Your lawyer may also request to have you examined by a doctor they choose for the injuries or damages you're seeking. If you don't attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After discovery and inspection, attorneys on both sides can file a document called “Notice of Issue & 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, the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is at fault the jury could award you damages. If the defendant isn't at fault and the jury decides to deny your claim. Trial A personal injury lawsuit encompasses a range 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 injuries that are not physical like discomfort and pain and loss of companionship. Your lawyer will conduct an investigation regarding your accident in the beginning stages of the case to determine the exact cause and the extent of your injuries. He or she will then discuss the matter with the insurance company of the party at the fault. Your attorney will keep you up to the minute on any negotiations or significant developments during this process. If negotiations fail, your lawyer will make a formal complaint to the court against the defendant. A Complaint is the initial official document in a civil suit that names the parties, explains the incident, argues for wrongdoing, and seeks compensation. The complaint must be served personally which means it must be physically handed to the defendant. This usually takes a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations made in the Complaint or denies them. During this stage your lawyer could submit documents, medical records as well as other evidence to prove your case. The defendant's lawyer will submit a response to these documents, and the two sides will then engage in further discussions. If the parties are not able to come to an agreement the mediation or arbitration process could be required prior to your case goes to trial. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have liens on your award through a specialized money escrow before distributing a check.