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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. These cases often involve a party who is at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through all of your medical records and other documentation, in order to determine the totality and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company for you. 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 distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are the ones that can be quantified that can be listed for medical expenses and lost earnings. General damages are more difficult to place a dollar value on, like suffering and suffering, as well as loss of enjoyment. Keep a journal in which you can record the way your injuries affected you. This will increase your chance of receiving the maximum amount of compensation for any non-economic losses. These include the effects on your relationships, daily pain levels and bouts of mental anguish and how your injuries affect your ability to take part in the activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is especially common when a person or business acts with the most blatant negligence, fraud and criminal intention. The court can also award punitive damage to discourage others from acting in the same way. The defendants will receive a summons along with an accusation once a lawsuit is filed. They must respond which is also known as an answer within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will share information and evidence during this phase including depositions. This stage takes up the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you will lose the right to damages. It is essential to speak with a personal injury attorney whenever you can even if you're unsure certain if the incident occurred before the time frame. A statute of limitation is a state law which establishes a deadline for filing lawsuits. In many states, the statute of limitations starts on the date of the incident or accident which caused your injuries. The time limit for filing a lawsuit for injury also depends on the party you are seeking to sue. For Springfield injury attorney , if you want to sue a municipal government entity (such as a city or county) the deadline is shorter. Additionally there are certain circumstances that could alter the statute of limitations in your particular case. If you have been exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations could begin when you realize or reasonably should have known that your injuries are the result of negligence. In some cases, the statute of limitations can be extended for minors. If you file a personal injury claim after the statute of limitations has expired the defendant will likely inform the court and request the dismissal of your lawsuit. If this happens, the court will dismiss your claim in a sweeping manner without hearing. That's why it is important to consult an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a plaintiff that asserts an action, and a demand for judicial relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified time period. In general the case, a defendant will deny the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner. In most cases, personal injury claims are based on actual bodily harm. Physical injuries can be extremely expensive, and your lawyer will work to ensure that you are compensated for any existing medical bills and any future expenses you anticipate. These expenses include medications or home care as well as physical therapy. In addition, you can claim compensation for any loss in quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of damage is known as pain and suffering. The court will schedule an initial conference once the complaint has been filed to schedule any mandatory oral or physical examinations as well as the production of any documents. After the conference your lawyer will draft the Bill of Particulars. This is a detailed report of your injuries. This will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other non-monetary damages that you're seeking. If your case is determined to be a probable cause you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable reason or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit process begins with a summons and a complaint. The plaintiff file a complaint with the court and then sends the defendant a copy via certified or registered post within a certain time frame. The defendant must respond or risk a default judgement against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in more detail. It could 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 part of a lawsuit, also known as “discovery,” each party gets to ask questions and inspect the evidence of the other party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, and your attorney will play a crucial role in negotiations during this stage. Your lawyer may also request that you be examined by a doctor of their choosing in regard to the injuries and damages you're seeking. If you fail to attend, the judge could dismiss your case or order that you pay the defendant for their examination costs. After discovery and inspection, attorneys on 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 to go to trial. The judge will then decide 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 liable for the accident, the jury will award you damages. If the defendant isn't liable and the jury decides to deny your claim. Trial A personal injury claim involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit can also be filed for physical injuries like discomfort and pain, as well as loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of the accident to determine what happened and the magnitude of your losses. Then, he will negotiate with the at-fault party's insurance company. Your attorney will keep you up-to date on any negotiations and significant developments during this process. After negotiations have failed and your lawyer has to file a formal complaint in the court against the defendant. A complaint is the first official document in a civil lawsuit. It names the parties, explains the incident, alleges wrongdoing, and seeks compensation. The complaint must be personally served, which means that it must be physically handed to the defendant. This typically takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this phase your lawyer will provide medical records, documents as well as other evidence to prove your argument. The defendant's attorney will then reply to these documents, and then the two sides will start negotiations. If the parties cannot reach an agreement, then mediation or arbitration could be required prior to a trial can take place. However, a significant percentage of personal injury cases settle out of court. Your lawyer must first pay any company that have liens on your award through a specialized account before distributing an actual check.