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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. In these cases the defendant is typically the one who is responsible for the incident. The plaintiff is usually the injured party. Your attorney will examine your medical records and other documentation to determine the extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company for you. Damages If a plaintiff prevails in an injury lawsuit, the courts award them funds to cover their losses. These funds can be awarded in a lump sum or spread over time as part of 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 itemized and quantifiable for example, medical expenses and lost wages. General damages, like discomfort and pain, as well as loss of enjoyment of life are more difficult to quantify. Keep a diary to record how your injuries affected your life. This will increase your chances of receiving the most compensation for any non-economic losses. These include the effects on your relationships, your daily pain levels and bouts of mental anxiety and how injuries affect your ability to engage in activities you once took for granted. In a lot of personal injury cases, multiple defendants are at fault. This is especially true when a business or person is guilty of fraud, criminal intent, and gross negligence. The court may also give punitive damages to discourage others from committing the same manner. After a lawsuit has been filed the defendants will be served with a summons and complaint. They must submit a response which is also known as an answer within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed the case will move to a fact-finding stage known as discovery. This is where both parties will exchange relevant information and evidence, including taking depositions under oath. This phase takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it is likely that you will lose your right to receive damages. This is why it's important to consult an attorney who specializes in personal injury to discuss your case as early as possible even if not certain if the incident occurred before the deadline. A statute of limitations is a law of the state that sets a deadline for filing a lawsuit. In the majority of states the statute of limitations begins on the date that the accident or incident led to your injuries. The deadline for filing an injury lawsuit is dependent on the person you are suing. If you want to sue an entity that is a part of the municipal government (such as a county or city), the deadline will be shorter. There are also certain situations that may change the time limit in your particular case. For instance, if you were exposed to harmful substances or suffered medical negligence The statute of limitations may start when you realize or should have realized that your injuries were caused by negligence. In some cases minors are exempt from the statute of limitations. If you file a personal injury claim after the time limit has expired the defendant will likely to inform the court and ask for your lawsuit to be dismissed. In this instance the court will decide to dismiss your claim without a hearing. It is essential to contact a personal injury lawyer as soon as possible to discuss your situation and determine if you have a legal claim. Complaint A complaint is a formal legal document filed by a party that alleges a cause for action and seeks judicial relief. The complaint should also state the type of relief the plaintiff seeks. The defendant is then required to respond within a certain time frame. The defendant is usually able to deny the claim. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf. In Milpitas injury attorney , personal injury claims can result in bodily harm. Your attorney will ensure that you get paid for your current medical bills as well as any future expenses. These expenses include medication, home care, and physical therapy. You may also be able to claim any loss in quality of life caused by your injury. This includes things such as the inability to drive, sleep or walk normally. This kind of injury is referred to as pain and suffering. The court will set up the preliminary conference after the complaint is filed. The court will schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will then draft the Bill of Particulars. This is a thorough account 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 detail any emotional distress, disfigurement or loss of enjoyment in life and any other damages that are not monetary that you're seeking. If the case is determined to have probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff files a complaint with the court and then sends the defendant a copy via certified or registered post within a specific time. 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 depth. It may include photographs of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for your harm. During the middle phase of a lawsuit, referred to as “discovery”, each party is able to ask questions and review evidence held by the opposing party. Your lawyer will be crucial in this stage of negotiations since the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer may also request to see you by a physician they select in connection with the injuries or damages you're seeking. If you don't attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs. After the discovery and inspection process is completed, the lawyers on both sides may 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 determine an appointment date for the trial. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is to blame and the jury awards you damages. If the defendant is not at fault, the jury will reject your claim. Trial A personal injury lawsuit encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. A lawsuit may also be filed for non-physical injuries, such as discomfort and pain, as well as loss of companionship. In the early stages of your case, your lawyer will research your accident to fully understand what occurred and the extent of your losses. He or she will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will keep you up to current on any negotiations and important developments throughout the process. If negotiations are unsuccessful the lawyer will file a formal complaint in court against defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. This usually takes one month. After service, the defendant has 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or accepts the allegations in the Complaint. At this point your lawyer could provide medical records, documents and other evidence to back your case. The lawyer representing the defendant will then respond to these documents, and then the two sides will begin further negotiations. If the parties can't reach an agreement, mediation or arbitration could be required prior to the trial can be held. A significant number of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies with liens on the monetary award out of a special escrow account before he or will issue you an official check.