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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. In these instances the defendant is typically the person who is at fault. The plaintiff is typically the party who is injured. Your attorney will review all medical records, as well as other documentation, in order to determine the totality and cost of your injuries and the damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in an injury lawsuit the courts award them money to pay for their damages. These 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: special and general. Special damages are the ones that can be quantified that can be listed, such as medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment, are more difficult to quantify. Keep a diary of how your injuries have affected you can help improve the odds of obtaining the most money for damages that are not economic. These include the effects on your relationships, your daily pain levels and bouts of mental stress and how your injuries affect your ability to participate in the activities you used to take for granted. In many personal injury cases, multiple defendants are accountable. This is most common when a person or business commits gross negligence, fraud, and criminal intent. The court may also award punitive damage to deter other people from acting in the same way. Once a lawsuit is filed the defendants will be served with a summons and complaint. They must file a response, also known as an answer within 30 days. Typically, defendants deny the allegations in the complaint. After the answer has been filed, the case is moved to an investigation known as discovery. Both parties will exchange information and evidence during this phase and may even conduct depositions. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired you could lose the right to claim damages. It is crucial to speak with an attorney in personal injury whenever you can even if you're not certain if the incident occurred before the timeframe. A statute of limitations is a state law which sets a time frame on the time you must make an injury lawsuit. In the majority of states the statute of limitations begins the date of the incident or incident caused your injuries. The deadline to file a lawsuit for personal injuries also depends on the person you're seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as the city or county), the deadline will be shorter. Additionally there are certain circumstances which could change the statute of limitations in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations can begin when you discover or reasonably should have known that your injuries are due to negligence. In certain cases minors are not subject to the statute of limitation. If you file an injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and ask for your lawsuit to be dismissed. In this scenario the court will decide to dismiss your claim without hearing. Columbia injury lawsuits is why it's crucial to speak with a seasoned personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is an official legal document filed by a party who alleges a cause for action and seeks judicial relief. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant must then respond within a certain timeframe. A defendant will usually decline to respond. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf. Personal injury claims are typically caused by bodily injury. Your lawyer will ensure that you receive compensation for your current medical bills and any future costs. These include things like medication, home care and physical therapy. You can also claim any loss in quality of life resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as suffering and pain. When a complaint is made and the court is notified, they will hold a preliminary conference to set the date for obligatory oral and physical examinations as well as any document production. Your lawyer will then prepare an Bill of Particulars. This is a thorough report of your injuries. This will include the losses you have suffered including future and present medical expenses as well as lost wages and property damage. Your lawyer will also describe the possible emotional distress and disfigurement, the loss of enjoyment of life and any other damages that you are seeking. If your case is determined to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because 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 begins with the issue of a summons. The plaintiff file a complaint with the court and then sends the defendant a copy of the complaint via registered or certified mail within a specific time. The defendant has to respond, or else risk a default judgement against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries sustained by you in greater depth. It may include photographs of your injuries, medical bills and lost wages. The document also contains details regarding the accident and why you think the defendant is responsible for the harm. In the middle of a lawsuit referred to as “discovery,” each party is allowed to ask questions and look over evidence held by the other party. Your attorney will be important in this phase of negotiations as the representatives of the defendants want full information before making settlement offers. Your lawyer may also request to have you examined by a doctor of their choosing in regard to the injuries and damages you're claiming. If you do not attend, the court may dismiss your case. Or order that you pay for the doctor's examination costs. After the discovery and inspection, attorneys on 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 determine an appointment date for the trial. During the trial, a jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is responsible the jury could award you damages. If the defendant is not responsible then the jury will dismiss your claim. Trial A personal injury claim can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit may also be filed for non-physical injuries, such as pain and discomfort and loss of companionship. Your lawyer will conduct an investigation on the accident during the initial stages of the investigation to determine the exact cause and extent of your injuries. Then, he will work with the insurance company. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments throughout this process. If negotiations don't work, your lawyer will file a formal complaint in court against defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, outlines the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be served personally which means it must be delivered physically to the defendant. This usually takes approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or admits the allegations contained in the Complaint. During this stage your lawyer will submit medical records, documents and other evidence to back your argument. The lawyer for the defendant will provide a response to these documents and the two sides will continue to negotiate. If the parties can't reach an agreement, mediation or arbitration may be required prior to trial can begin. A large portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer has to pay any companies that have liens on the monetary settlement out of a separate account for escrow before he or will issue you an official check.