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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 instances, the defendant is usually the person at fault. The plaintiff is typically the victim. 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 on behalf of you. Damages If a plaintiff is successful in a personal injury case, the courts award them money to pay for their damages. These funds can be awarded in one lump sum or spread 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 expenses which can be listed and are measurable for example, medical expenses and lost wages. General damages are more difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keep a diary of the way your injuries have affected you you can help improve the odds of obtaining the most money for damages that are not economic. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to perform things you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or individual acts with criminal intent, fraud, and gross negligence. The court may also give punitive damages to discourage others from committing the same way. The defendants are served with a summons with a complaint once a lawsuit has been filed. They are then required to respond which is also known as an answer, within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will share information and evidence in this stage, including taking depositions. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to claim damages. It is essential to speak with an attorney in personal injury as soon as you can even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a law in a state that establishes a deadline for filing lawsuits. In the majority of states, the statute of limitations runs on the date of the accident or incident that led to your injuries. The time limit for filing an injury lawsuit also depends on who you are seeking to sue. For example, if you are seeking to sue a municipal government agency (such as a county or city), the deadline is shorter. There are other situations which could change the time limit in your situation. For instance, if were exposed to harmful substances or a victim of medical negligence The statute of limitations may start when you discover or ought to have realized, that your injuries were the result of negligence. In some cases minors are exempt from the statute of limitation. If you file a personal injury claim after the time limit has expired the defendant will most likely inform the court and request the dismissal of your lawsuit. In this case the court will decide to dismiss your claim summarily without a hearing. This is why it's important to talk with 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 legal document filed by a plaintiff that alleges a cause of action and demands the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant is then required to respond within a specific timeframe. A defendant is likely to decline to respond. If the defendant fails to respond, a default judgment may be made in favor of the petitioner. Personal injury claims are typically caused by bodily injury. Your attorney will make sure that you receive compensation for medical bills currently incurred as well as any future expenses. These include things like medication or home care, as well as physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. This includes things like the inability to walk, sleep or drive normally. This type of damages is known as suffering and pain. When a complaint is made when a complaint is filed, the court will convene a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. Following the conference, your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. This will include your losses including future and present medical costs, lost wages and property damage. Your lawyer will also outline the grievous emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. If the case is deemed to have probable cause the case will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant via registered or certified mail within a certain time frame. The defendant must respond, or else risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which details the injuries and damages you've suffered in greater detail. It may include photographs of your injuries, medical bills, and lost wages. It may also include details of the incident and the manner in which the defendant is accountable for your harm. In the middle of a lawsuit, called “discovery” the parties has the opportunity to ask questions and examine evidence held by the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, therefore your attorney will play an important role in negotiations during this stage. Your lawyer can also ask that you are examined by a physician they select for the damages or injuries you're seeking. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After a discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then schedule the trial. During Skokie injury lawyer You Tube will decide if the defendant is at fault for the accident and your injuries. If the defendant is at fault and the jury awards you damages. If the defendant is not at fault, the jury will reject your claim. Trial A personal injury lawsuit can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical such as pain and discomfort and loss of companionship. In the beginning of your case the lawyer will investigate the accident to determine what occurred and the extent of your losses. Then, he will work with the at-fault party's insurance company. Your attorney will keep you informed and up to current on any negotiations and important developments throughout the process. If negotiations fail, your lawyer will submit a formal complaint to court against the defendant. A Complaint, which is the first official document filed in a civil suit, lists all parties, details the incident and lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. This typically takes about one month. Once service is complete the defendant has to “answer” the Complaint within a specified date, which is usually 30 days. The answer will explain whether the defendant denies or acknowledges the allegations made in the Complaint. In this stage your lawyer will be able to provide medical records, documents and other evidence to support of your case. The lawyer representing the defendant will then reply to these documents and then the two sides will begin further negotiations. If the parties are unable to come to an agreement and mediation or arbitration might be required before your case goes to trial. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any businesses that have liens on your award through a specialized account before distributing a check.