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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these instances the defendant is typically the person who is at fault. The plaintiff is typically the victim. Your lawyer will review your medical records along with other documentation, to determine the full extent and cost of your injuries and damages. This will assist them in preparing 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 may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are expenses that can be categorized and quantifiable, such as medical expenses and lost wages. General damages are difficult to quantify a dollar amount on, such as suffering and suffering, as well as loss of enjoyment. Keep a diary to record how your injuries impacted you. This will increase your chance of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anguish and how your injuries impact your ability to participate in activities that you used to take for granted. In a lot of personal injury cases, more than one defendants are accountable. This is the most frequent scenario when a person or business is guilty of fraud, criminal intent and gross negligence. The court may also award punitive damages to deter others from acting in the same manner. After a lawsuit has been filed, the defendants will receive a summons and complaint. They must file a response or 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 a fact-finding stage known as discovery. The parties will exchange information and evidence in this stage including depositions. This is the stage that 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 expires, it is likely that you'll lose your right to receive damages. It is important to consult an attorney for personal injuries as soon as you can even if you're unsure certain if the incident occurred within the timeframe. A statute of limitations is a law in a state that sets a deadline for filing lawsuits. In the majority of states, the statute of limitations starts with the date of the accident or incident that caused your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the person you are suing. If you are suing an entity of municipal government (such as city or county), the deadline will be much shorter. In addition there are certain circumstances that could alter the statute of limitations in your particular case. If Palm Bay injury lawyers were exposed toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize or ought to have known that your injuries are the result of negligence. In some cases, minors are exempt from the statute of limitations. If you make an injury claim after the statute of limitation has expired the defendant will likely inform the court about this and ask that your lawsuit be dismissed. If this occurs, the court will dismiss your claim on the spot without a hearing. This is why it's important to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a legal document filed by a person who alleges an action and demands judicial relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. A defendant will usually reject the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner. Most personal injury claims involve actual bodily injury. Your lawyer will ensure that you receive compensation for your current medical bills and any future costs. This includes things like medications as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is known as pain and suffering. The court will call the preliminary conference after the complaint has been filed. The court will schedule any mandatory oral or physical examinations and also the production of any documents. Following the conference, your lawyer will prepare an Bill of Particulars. It is a comprehensive account of your injuries. This will include your losses including your future and current medical expenses loss of wages, as well as property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment as well as any other damages not monetary you are seeking. If the case is determined to have probable cause your case will be scheduled for a public hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in more depth. It could include photos of your injuries, medical bills, and lost wages. The document also contains details regarding the accident and why you think the defendant is accountable for the harm. During the middle part of a lawsuit called “discovery,” each party gets to ask questions and look over the evidence of the other party. The defendant's representatives will want to have all the facts before making settlement offers, so your attorney will play an important role in negotiations during this phase. Your lawyer can also ask that you be examined by a doctor of their choosing in regard to the damages and injuries you're claiming. If you fail to take part, the judge may dismiss your case or order that you pay the defendant for the cost of their examination. After a discovery and inspection, attorneys from both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then set a trial date. During the trial the jury will decide if the defendant is at fault for the accident and injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't responsible then the jury will dismiss your claim. Trial A personal injury case encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries such as pain and suffering and loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what occurred and the extent of your losses. Then, he will negotiate with the insurance company. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments during this process. After negotiations have failed and your lawyer has to file a formal complaint in court against the defendant. A Complaint, the first official document in a civil suit, lists all parties, describes the incident, and claims that there was wrongdoing. It also demands compensation. The complaint must be served personally and must be delivered physically to the defendant. It typically takes a month. After service is completed the defendant has to “answer” the Complaint within a specified time, which is usually 30 days. 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 may provide medical records, documents and other evidence to support your argument. The lawyer for the defendant will provide an answer to these documents and the two parties will then engage in further discussions. If the parties are not able to reach an agreement the mediation or arbitration process could be required prior to your case is put to trial. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any companies that have lien on your monetary award from a specific escrow fund before issuing you a check.