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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These lawsuits typically involve a person at fault (defendant) and an injured party known as the plaintiff. Your lawyer will review all of your medical records, as well as other documentation, in order to determine the totality and cost of your injuries and damage. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury lawsuit, the court awards them money to pay for damages. The funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are measurable costs that can be listed 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 journal in which you can record how your injuries affected your life. This will increase your chance of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to perform activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is most common when an individual or business is guilty of gross negligence, fraud, and criminal intent. The court can also make punitive damages in order to discourage others from committing the same way. Once a lawsuit is filed, the defendants will receive a summons and complaint. The defendants must submit a response (also called an answering) within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed the case will move to the process of fact-finding, also known as discovery. Both parties will exchange information and evidence during this stage and may even conduct depositions. This is 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 possible that you will lose your right to receive damages. That's why it's crucial to talk to an attorney who specializes in personal injury to discuss your case early even if you're not certain if the incident occurred within the timeframe. A statute of limitation is a law of the state that sets a deadline for filing a lawsuit. In many states, the statute of limitations runs with the date of the accident or incident that led to your injuries. The deadline for filing a personal injury lawsuit also depends on the individual you are seeking to sue. For example, if you would like to sue a local government entity (such as a city or county), the deadline is shorter. Additionally, there are certain situations which could change the statute of limitations in your situation. For instance, if were exposed to toxic substances or suffered medical malpractice the statute of limitations may start when you discover, or reasonably should have discovered, that your injuries were caused by negligence. In some cases minors are exempt from the statute of limitation. 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. In this instance, the court will dismiss your claim without a hearing. That's why it is important to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal document filed by a plaintiff which alleges a cause of action and demands judicial relief. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant must then respond within a specified time frame. In general the event of a denial, the defendant will reject the claim. If the defendant does not respond to the claim, a default judgement may be entered for the petitioner. Personal injury claims are usually founded on bodily injury. Your attorney will ensure that you get paid for the medical bills you are currently paying and any future expenses. These include things like medication as well as home care and 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 drive, sleep or walk 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 convene a preliminary conference to schedule obligatory oral and physical examinations, as well as any document production. After the conference, your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. It will include your losses including future and present medical costs, lost wages and property damage. Your lawyer will also outline the possible emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you are seeking. If the case is found to have probable cause your case will be scheduled for a public hearing. If the complaint is dismissed as a result of a decision 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 files the complaint with the court and then sends a copy of the document to the defendant via registered or certified mail within a certain timeframe. The defendant must respond or 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 sustained by you in greater detail. It could include photos of your injuries, medical bills, and lost wages. It also includes details of the accident and how the defendant is accountable for the harm you suffered. In the middle of a lawsuit, referred to as “discovery” in which each party has the opportunity to ask questions and review evidence provided by the other party. The defendant's representatives will need to have complete information before making settlement offers, and your attorney plays a significant role in negotiations during this stage. Your lawyer can also request to have you examined by any doctor they choose in regard to the damages and injuries you're claiming. If you don't attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's examination costs. After discovery and inspection have been completed, attorneys on both sides can submit a document referred to as an “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then schedule a trial. During the trial, the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is liable for the accident, the jury will award you damages. If the defendant is not responsible, the jury will deny your claim. Trial A personal injury lawsuit can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In Chino Hills injury lawsuit , lawsuits may also be filed to address physical injuries, such as suffering and pain, as well as loss of companionship. In the initial stages of your case, your lawyer will research your accident to fully understand what occurred and the extent of your losses. Then, he will work with the insurance company. Your attorney will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process. Once negotiations have failed the lawyer will make a formal complaint to court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, describes the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to him or her. This usually takes one month. Once service is complete, the defendant must “answer” the Complaint within a specified time frame, which is typically 30 days. The answer will tell you if the defendant admits to the allegations made in the Complaint or denies them. During this stage your lawyer could provide medical records, documents and other evidence to back your case. The lawyer representing the defendant will then reply to these documents and the two sides will start discussions. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to a trial can take place. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award from a specific account before distributing an actual check.