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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these situations the defendant is usually the one who is at fault. The plaintiff is usually the party who is injured. Your attorney will review all of your medical records along with other documentation, in order to determine the totality and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury lawsuit the court will award the plaintiff a sum of money to cover damages. The funds may be awarded in lump sums or spread over a time period, as part if a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be categorized and are measurable like medical expenses and lost wages. General damages are more difficult to place a dollar value on, such as pain and suffering and loss of enjoyment of life. Keeping a journal detailing how your injuries have affected you can help improve your chance of winning the most money for damages that are not economic. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to perform things you once took for granted. In a lot of personal injury cases, more than one defendants are responsible. This is especially true when a business or individual acts with fraud, criminal intent or gross negligence. The court can also award punitive damages to deter other people from engaging in the same manner. When a lawsuit is filed, the defendants will receive a summons and complaint. They are then required to respond which is also known as an answer, within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer has been filed, the case is moved to the phase of fact-finding, also known as discovery. This is when both parties will share relevant information and evidence, as well as taking depositions under an oath. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to claim damages. It is important to consult an attorney in personal injury as soon as you can, even if you're not certain whether the incident occurred before the time frame. A statute of limitation is a law of the state that provides a time frame for filing an action. In most states, the statute of limitations runs at the time of the accident or incident that caused your injuries. The deadline to file a lawsuit for personal injury is dependent on the person you're seeking to sue. For instance, if want to sue a municipal government agency (such as a city or county) the deadline is shorter. There are also certain situations that could alter the statute of limitations in your particular case. For Sugar Land injury lawsuits www.youtube.com , if you were exposed to toxic substances or suffered medical malpractice the statute of limitations could begin when you discover or ought to have realized, that your injuries were caused by negligence. In certain cases the statute of limitations may be extended for minors. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely inform the court and ask for your lawsuit to be dismissed. In this instance the court will dismiss your claim without a hearing. It is essential to contact an attorney for personal injuries immediately to discuss your situation and determine if you can make a legal claim. Complaint A complaint is an official legal document filed by a party who claims a cause of action and seeks the judicial remedy. The complaint should also define the type of compensation that the plaintiff seeks. The defendant is then required to respond within a set time frame. In general, a defendant will deny the claim. If the defendant does not respond, a default judgment could be made in favor of the petitioner. Most personal injury claims are based on actual bodily injury. Your attorney will make sure that you get paid for medical bills currently incurred and any future expenses. These expenses include medications, home care, and 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 referred to as pain and suffering. If a complaint is filed, the court will hold a preliminary conference to set the date for obligatory oral and physical examinations, as well as any document production. Following the conference, your lawyer will prepare a Bill of Particulars. It will provide a full description of your injuries. It will include all your losses including the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also detail the alleged emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you're seeking. If the case is determined to be a probable cause your case will be scheduled for a public hearing. If your complaint is rejected due to a finding of no probable reason or because the court is not in jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant must respond, or they risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. It may include photographs of your injuries, medical bills, and lost wages. The document will also contain information about the incident and how you think the defendant is responsible for the damage. During the middle part of a lawsuit referred to as “discovery,” each party is allowed to ask questions and inspect evidence held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, therefore your attorney will play a crucial role in negotiations during this phase. Your lawyer can also request to see you by a physician they select in relation to the injuries or damages you're claiming. If you do not attend, the judge may dismiss your case or require that you pay the defendant the cost of their examination. After discovery and inspection, attorneys from both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then decide the trial date. During the trial, the jury will decide if the defendant was responsible for the accident as well as the injuries you sustained. If the defendant is liable, the jury will award you damages. If the defendant is not liable and the jury decides to deny your claim. Trial Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as the suffering of others and loss of companionship. Your lawyer will conduct an investigation on the accident during the early stages of the case to determine the exact nature and severity of your injuries. Then, he or she will work with the at-fault party's insurance company. Your lawyer will keep you up-to current on any negotiations and significant developments throughout this process. If negotiations don't work the lawyer will file an official complaint in a court against the defendant. A complaint is the first official document in a civil suit that identifies the parties, details the incident, alleges wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. This typically takes about one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. During this phase, your lawyer can provide medical records, documents, and other evidence in support of your case. The defendant's attorney will respond to these documents and the two sides will begin negotiations. If the parties are unable to reach a settlement and mediation or arbitration might be required prior to your case can go to trial. A large portion of personal injury cases are settled outside of court. When a settlement is reached, your lawyer has to pay any companies that have liens on the monetary settlement through a specific escrow account before he or they can issue a check.