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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these cases the defendant is usually the one who is at fault. The plaintiff is usually the victim. Your lawyer will go through your medical records and other documentation to determine the extent of your injuries, the costs and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury lawsuit the court will award the plaintiff a sum of money to cover damages. These funds may be awarded in one lump sum or spread 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 expenses that can be categorized and quantifiable like medical expenses and lost wages. General damages are more difficult to place a dollar value on, like the suffering and pain, and the loss of enjoyment of life. Writing down how your injuries have affected you can help improve the odds of obtaining the most money for damages that are not economic. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to perform things you used to take for granted. In a majority of personal injury cases, more than one defendants are responsible. This is the most frequent scenario when a person or business acts with criminal intent, fraud or gross negligence. Norwalk injury attorneys YouTube may also give punitive damages to discourage others from committing the same manner. The defendants will receive a summons along with a complaint after the lawsuit has been filed. They will then be required to file a response, also known as an answer within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed, the case will enter an investigation stage, known as discovery. The parties will share information and evidence during this stage, including taking depositions. This is the majority of the personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is possible that you will lose your right to receive damages. It is crucial to speak with an attorney for personal injuries whenever you can, even if you're not certain if the incident occurred before the deadline. A statute of limitations is a law of the state which sets a time frame on how long you can bring a lawsuit for injury. In most states the statute of limitations runs at the time of the accident or incident that led to your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the person you are seeking to sue. For instance, if want to sue a municipal government entity (such as a county or city) the deadline is shorter. There are certain circumstances which could change the statute of limitation in your particular case. For example, if you were exposed to toxic substances or suffered medical negligence The statute of limitations could begin when you realize or should have discovered, that your injuries were caused by negligence. In certain instances, the statute of limitations can be tolled for minors. If you file a claim for injury after the statute of limitations has expired, your defendant will likely tell the court about this and request that your lawsuit be dismissed. If this happens, the court will dismiss your claim on the spot without a hearing. That's why it is important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is an official legal document filed by a party who claims a cause of action and seeks legal relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a specific time frame. The defendant is usually able to decline to respond. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. Personal injury claims are typically caused by bodily injury. Physical injuries can be very expensive, and your lawyer will ensure that you get paid for any existing medical bills and any anticipated future expenses. These expenses include medications as well as home care and physical therapy. You may also be able to claim any loss in quality of life that is resulted from your injury. This includes things like being unable to drive, sleep or walk normally. This type of damage is referred to as pain and suffering. The court will set up a preliminary conference when the complaint is filed to schedule any mandatory oral or physical examinations and also the production of any documents. Your lawyer will then draft a Bill of Particulars. It will provide a full description of your injuries. This will include your losses including future and present medical costs as well as lost wages and property damage. Your lawyer will also outline the possible emotional distress or disfigurement, loss of enjoyment of life and any other non-monetary damages you are seeking. If your case is determined to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a determination 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 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 specific time frame. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries suffered by you in more detail. This could include photos of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you believe the defendant is responsible for the damage. In the middle of a lawsuit, also known as “discovery” in which each party has the opportunity to ask questions and review evidence provided by the opposing party. Your attorney is crucial during this stage of negotiations as the representatives of the defendants want full information before making settlement offers. Your lawyer can also request to have you examined by the doctor of their choice in regard to the damages and injuries you're claiming. If you do not attend, the judge may dismiss your case or require that you pay the defendant for the cost of their examination. Once discovery and inspection are completed, lawyers on both sides can file something called a “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then decide on the trial. During the trial the jury will decide if the defendant is responsible for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not responsible, the jury will deny your claim. Trial A personal injury lawsuit can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical, such as discomfort and pain and loss of companionship. In the beginning 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 injuries. He or she will then discuss the matter with the insurance company of the party at fault. Your attorney will keep you up-to date on any negotiations and important developments throughout the process. If negotiations fail and your lawyer has to submit a formal complaint to court against the defendant. A Complaint, which is the first official document in a civil suit, lists all parties, outlines the incident and alleges wrongdoing. It also requests compensation. The complaint must be personally served which means it must be delivered physically to the defendant. It usually takes about one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or admits the allegations contained in the Complaint. During this time your lawyer will be able to submit documents, medical records and other evidence to support of your case. The lawyer for the defendant will provide a response to these documents and the two parties will then engage in further discussions. If the parties are unable to reach a settlement, mediation or arbitration may be required before your case goes to trial. However, a large percentage of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any companies with lien on the settlement out of a separate account for escrow before he or she will write you a check.