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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these cases, the defendant is usually the person responsible for the incident. The plaintiff is usually the injured party. Your attorney will review all of your medical records and other documentation, to determine the totality and cost of your injuries 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 courts award them money to cover their losses. These funds can be awarded as a lump sum or spread out over a period of time in a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be categorized like medical bills and lost earnings. General damages, such as pain and discomfort and loss of enjoyment are more difficult to quantify. Writing down the way your injuries have affected you you can help improve your chance of winning the most money for damages that are not economic. These include the effects on your relationships, your daily pain levels, and episodes of mental anguish, and how injuries affect your ability to engage in activities you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when a business or an individual acts with the most blatant negligence, fraud and criminal motives. The court may also award punitive damages to discourage others from engaging in the same manner. When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants are required to provide a response (also called an answering) within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. This is when both parties will exchange relevant information and evidence, as well as depositions under oath. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired, you will likely lose your right to recover damages. That's why it's crucial to consult a personal injury lawyer about your case early on even if not sure if the incident happened within the deadline. A statute of limitation is a state law which establishes a deadline for filing an action. In most states, the statute of limitations runs on the date of the accident or incident that caused your injuries. The deadline for filing a personal injury lawsuit is dependent on the individual you are seeking to sue. If you are suing an entity of municipal government (such as city or county), the deadline will be shorter. In addition, there are certain situations that could alter the statute of limitations in your case. For example, if you were exposed to harmful substances or a victim of medical malpractice the time limit may begin when you discover, or reasonably should have realized, that your injuries were the result of negligence. In certain cases the statute of limitations can be extended for minors. If you file an injury claim after the statute of limitations has expired, the defendant will most likely inform the court and request the case to be dismissed. In this instance the court will decide to dismiss your claim without a hearing. That's why it is important to consult an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document filed by a party who asserts a cause of action and seeks the judicial remedy. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a set time period. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond, a default judgment could be entered in the petitioner's favor. Personal injury claims are typically based on actual bodily harm. Your attorney will ensure that you are compensated both for your current medical bills and 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 walk, drive, or sleep normally. This kind of damage is referred to as pain and suffering. When a complaint is made when a complaint is filed, the court will hold a preliminary meeting to set the date for the mandatory oral and physical examinations as well as any document production. Following the conference, your lawyer will prepare an Bill of Particulars. It is a comprehensive report of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical bills, lost earnings, and property damage. Your lawyer will also outline the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you seek. If the case is deemed to have probable cause, your case will be scheduled for public hearing. If the complaint is dismissed as a result of a determination that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff file a complaint with the court and then sends the defendant a copy by certified or registered post within a specific time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries suffered by you in more detail. This may include photos of your injuries, medical bills and lost wages. It also contains details about the accident and what the defendant is responsible for the harm you suffered. In the middle of a lawsuit, also known as “discovery” the parties is able to ask questions and examine evidence provided by the opposing party. Your attorney will be important during this stage of negotiations as the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer may also request that you be examined by any doctor they choose in regard to the injuries and damages you're claiming. If you fail to show up, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After the 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 for trial. The judge will then set an appointment date for the trial. During the trial the jury will decide whether the defendant is at fault for the accident and your injuries. If Troy injury attorneys is responsible and the jury awards you damages. If the defendant is not accountable, the jury will deny your claim. Trial A personal injury claim encompasses a range of injuries which include wrongful deaths; 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, such as discomfort and pain and loss of companionship. In the beginning of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your losses. Then, he will negotiate with the at-fault party's insurance company. Your attorney will keep you up to the minute on any negotiations or significant developments throughout this process. After negotiations don't work, your lawyer will file an official complaint in court against defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, claims that there was wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. This usually takes around one month. After service has been completed the defendant has to “answer” the Complaint within a specific time, which is usually 30 days. The answer will explain whether the defendant denies or acknowledges the allegations made in the Complaint. During this phase your lawyer will be able to provide medical records, documents, and other evidence in support of your case. The attorney representing the defendant will respond to these documents, and then the two sides will start further negotiations. If the parties are not able to reach an agreement, mediation or arbitration may be required prior to your case is put to trial. A large portion of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any companies with lien on the money settlement through a specific escrow account before he or she will write you a check.