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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. The cases typically involve a person at fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through your medical records, as well as other documents, to determine the totality and cost of your injuries and 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 gives the plaintiff money to pay damages. The funds can be awarded in a lump sum or paid 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 quantified that can be categorized for medical expenses and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of living, are more difficult to quantify. Keep a diary of the way your injuries have affected you your chance of winning maximum compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental anxiety and how your injuries impact your ability to engage in activities that you used to take for taken for granted. In a lot of personal injury cases, multiple defendants are accountable. This is particularly true when a business or an individual acts with the most blatant negligence, fraud and criminal intention. The court may also award punitive damages to deter others from acting in the same manner. The defendants receive an order with an accusation once the lawsuit has been filed. They must submit a response, also known as an answer within 30 days. Usually, defendants deny the allegations in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. This is where the parties exchange pertinent information and evidence, as well as depositions under an 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 claiming injury after the statute of limitations runs out you could lose the right to claim damages. It is crucial to speak with an attorney for personal injuries whenever you can, even if you're not certain whether the incident occurred before the timeframe. A statute of limitation is a state law which establishes a deadline for filing a lawsuit. In many states, the statute of limitations begins with the date of the incident or accident that led to your injuries. The time limit for filing an injury lawsuit is dependent on the person you are seeking to sue. If you want to sue an entity of 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 a victim of medical malpractice, the time limit may begin when you discover or should have realized, that your injuries were caused by negligence. In some cases minors are not subject to the statute of limitation. If you file a personal injury claim after the time limit has expired, the defendant will most likely to inform the court and request the case to be dismissed. If this occurs, the court could summarily dismiss your claim without hearing. It is essential to contact a personal injury lawyer as soon as you can to discuss your case to determine if you can make a legal claim. Complaint A complaint is a legal document filed by a plaintiff which alleges an actionable cause, and a demand for the judicial remedy. The complaint should also state the type of relief the plaintiff is seeking. The defendant is then obliged to respond within a specific timeframe. In general the case, a defendant will deny the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor. Most personal injury claims are based on actual bodily injury. Physical injuries can be very costly, and your attorney will ensure that you are compensated for any existing medical bills as well as any future expenses you anticipate. These include things like medication, home care and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes things such as the inability to walk, drive, or sleep normally. This kind of injury is referred to as suffering and pain. If a complaint is filed, the court will hold a preliminary conference to set the date for the mandatory oral and physical examinations as well as any document production. Your lawyer will then draft the Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered which include the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will also detail the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you are seeking. If the case is found to be probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed because of a ruling 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 submits the complaint to the court and then sends a copy of the document to the defendant by registered or certified mail within a specific timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which describes the damages and injuries you've suffered in greater detail. It could include photos of your injuries, medical bills and lost wages. It also contains details about the incident and the manner in which the defendant is accountable for the harm you suffered. In the middle of a lawsuit, referred to as “discovery” in which each party is given the chance to ask questions and examine evidence provided by the other party. The defendant's representatives will want to have complete information before making settlement offers, so your attorney plays a significant role in negotiations during this time. Your lawyer can also ask that you be examined by any doctor they choose regarding the damages and injuries you're seeking. If you fail to attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs. Once discovery and inspection are completed, the lawyers on both sides can 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 now ready to go to trial. The judge will then decide the trial date. During the trial, a jury will decide if the defendant is at fault for the accident and injuries. If the defendant is to blame the jury could award you damages. If the defendant isn't accountable, the jury will reject your claim. Trial A personal injury case encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. A lawsuit could also be filed for physical injuries such as pain and discomfort and loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the early stages of the investigation to determine the exact cause and extent of your injuries. The lawyer will then engage with the insurance company of the party who is at fault. Fort Lauderdale injury attorneys will keep you informed and up to date on any negotiations and significant developments during this process. If negotiations don't work and your lawyer is unable to resolve the issue, he will file a formal complaint in court against defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. It usually takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer explains whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. During this time your lawyer may submit medical records, documents and other evidence to support of your case. The lawyer for the defendant will provide an answer to these documents and the two parties will continue to negotiate. If the parties are not able to reach an agreement, mediation or arbitration may be required prior to your case goes to trial. A large portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any companies that have lien on the settlement out of a separate escrow account before he or she will write you an official check.