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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 usually the one who is at fault. The plaintiff is usually the injured party. Your attorney will review all medical records along with other documentation, in order to determine the totality and cost of your injuries and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury claim, the judge will award them money to pay for damages. The money can be awarded as an amount in one lump sum or spread out over a period of time in an agreed settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized like medical bills and lost earnings. General damages, like pain and discomfort and loss of enjoyment of living, are more difficult to quantify. Keep a diary of the way your injuries have affected you your chance of winning maximum compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental anguish and how your injuries impact your ability to participate in the activities 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 business or person is guilty of criminal intent, fraud and gross negligence. The court may also award punitive damages to deter others from acting in a similar way. Once a lawsuit is filed, the defendants will receive a summons and complaint. The defendants are required to provide a response (also known as an answering) within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed, the case moves to an investigation known as discovery. Arlington injury attorneys is when the parties exchange pertinent information and evidence, which includes depositions under an oath. This is the stage that accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations runs out the statute of limitations will expire and you'll likely lose the right to collect damages. That's why it is important to speak with a personal injury lawyer about your case early even if you're not sure if the accident occurred within the timeframe. A statute of limitations is a law in a state which sets a time frame on the amount of time you have to bring a lawsuit for injury. In most states the statute of limitations begins at the time of the incident or accident that caused your injuries. The deadline for filing a personal injury lawsuit also depends on the person you are seeking to sue. If you want to sue an entity of municipal government (such as city or county) the deadline is shorter. Additionally there are certain circumstances that can change the statute of limitations in your situation. For instance, if were exposed to harmful substances or suffered medical malpractice The statute of limitations may start when you discover or ought to have discovered, that your injuries were caused by negligence. In certain cases minors are exempt from the statute of limitation. If you make an injury claim after the statute of limitation has expired the defendant will likely inform the court about this and ask to dismiss your claim. In this case the court will dismiss your claim in a hurry without a hearing. It is crucial to speak with an attorney who specializes in personal injury immediately to discuss your situation and determine if you can make a legal claim. Complaint A complaint is a legal document filed by a plaintiff which alleges an action and demands legal relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a specified time frame. A defendant will usually deny the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf. In the majority of cases, personal injury claims are based on actual bodily harm. Your attorney will ensure that you receive compensation for your current medical bills and any future costs. These expenses include medications or home care as well as physical therapy. You may also be able to claim any loss in quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as pain and suffering. The court will set up the preliminary conference after the complaint is filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. Following the conference your lawyer will draft a Bill of Particulars. It is a comprehensive description of your injuries. It will include all your losses including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life as well as any other non-monetary damages that you are seeking. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a finding of no probable cause or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant through certified or registered mail within a certain time frame. The defendant must respond, or they risk a default judgement against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is responsible for your injuries. During the middle phase of a lawsuit, also known as “discovery”, each party is able to ask questions and look over evidence held by the opposing party. The defendant's representatives will need to have complete information before making settlement offers, so your attorney will play a crucial role in negotiations during this phase. Your lawyer can also ask to have you examined by any doctor they choose in relation to the injuries and damages you're claiming. If you fail to attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs. After a discovery and inspection, attorneys from 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 for trial. The judge will then schedule the trial. During the trial the jury will decide if the defendant was 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 isn't at fault then the jury will deny 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, such as car crashes and falls. A lawsuit may also be filed for physical injuries, such as pain and discomfort and loss of companionship. Your lawyer will conduct research on your accident in the beginning stages of the case to determine the precise nature and severity of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will stay in touch with you about any significant developments and will also negotiate throughout the process. After negotiations don't work, your lawyer will file an official complaint in court against defendant. A complaint, the first official document in a civil suit, lists all parties, describes the incident and alleges wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to him or her. It usually takes about approximately a month. After service is completed and the defendant is required to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer will explain whether the defendant denies or accepts the allegations in the Complaint. During this stage your lawyer could submit medical records, documents and other evidence to back your case. The defendant's lawyer will submit an answer to these documents and the two parties will then engage in further discussions. If the parties are not able to come to an agreement and mediation or arbitration might be required prior to your case can go to trial. A significant number of personal injury cases are settled outside of court. When a settlement is reached, your lawyer has to pay any companies that have liens on the monetary award out of a special account for escrow before he or they can issue a check.