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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. In these situations the defendant is typically the one who is who is at fault. The plaintiff is usually the party who is injured. Your lawyer will review your medical records along with other documentation, to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in an injury lawsuit, the courts award them money to pay for their damages. The money can be awarded in 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 types: special and general. Special damages are those that can be itemized and are measurable for example, medical expenses and lost wages. General damages are harder to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keeping a journal detailing how your injuries have affected your chance of winning the most money for damages that are not economic. This includes the impact on your relationships, daily pain levels and bouts of mental anguish and how your injuries affect your ability to participate in the activities you used to take for taken for granted. In a majority of personal injury cases, more than one defendants are accountable. This is the most frequent scenario when a business or person acts with criminal intent, fraud or gross negligence. The court can also award punitive damage to discourage others from doing the same thing. The defendants are served with a summons along with a complaint after the lawsuit has been filed. The defendants must provide a response (also called an answer) within 30 days. Typically, defendants not deny the allegations contained in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. Both parties will exchange information and evidence in this stage, including taking depositions. Aurora injury attorney takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out, you will likely lose your right to recover damages. It is important to consult an attorney for personal injuries whenever you can even if you're not certain whether the incident occurred within the timeframe. A statute of limitation is a law in a state that sets a deadline for filing an action. In many states, the statute of limitations begins with the date of the accident or incident that caused your injuries. The deadline to file a personal injury lawsuit is dependent on the individual you are suing. If you are suing an entity that is a part of the municipal government (such as the city or county) the deadline will be much shorter. In addition there are certain circumstances that can change the statute of limitations in your particular case. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably ought to have realized that your injuries are due to 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 tell the court about this and ask that your case be dismissed. In this instance, the court will dismiss your claim summarily without hearing. This is why it's crucial to talk with an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document that is filed by a party who claims a cause of action and demands judicial relief. The complaint should also define the kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a certain timeframe. In general the case, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner. Most personal injury claims involve actual bodily injury. Your lawyer will ensure that you get paid for the medical bills you are currently paying as well as any future expenses. These include things like medication or home care, as well as physical therapy. You can also claim any loss in your quality of life that is caused by your injury. This includes things like the inability to walk, sleep or drive normally. This type of damage is known as pain and suffering. If a complaint is filed and the court is notified, they will convene a preliminary conference to schedule mandatory physical and oral examinations, as well as any document production. Following the conference your lawyer will draft the Bill of Particulars. It is a comprehensive report of your injuries. It will include all of your losses including the cost of your current and future medical expenses, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in life and any other damages not monetary you seek. If your case is determined to have probable cause you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant through certified or registered mail within a certain timeframe. 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 suffered by you in more detail. It may include photographs of your injuries, medical bills and lost wages. It may also include details of the accident and how the defendant is responsible for the harm you suffered. During the middle part of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and examine evidence that is held by the other party. Your lawyer will be crucial in this phase of negotiations since the defendant's representatives want complete information before they make settlement offers. Your lawyer can also ask that you be examined by a doctor of their choosing in relation to the damages and injuries you're seeking. If you don't attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After discovery and inspection have been completed, lawyers on both sides can file a document known as an “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then determine a trial date. During the trial the jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant isn't accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit can also be filed for physical injuries, such as pain and discomfort and loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of the accident to determine the cause of the incident and the extent of your losses. Then, he or she will work with the insurance company. Your lawyer will keep you up-to current on any negotiations and significant developments throughout this process. After negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in a court against the defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, alleges wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered 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 is whether the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. In this phase your lawyer could submit medical records, documents and other evidence to back your argument. The defendant's lawyer will submit an answer to these documents and the two parties will then engage in further discussions. If the parties can't come to an agreement, mediation or arbitration may be required before a trial can take place. However, a substantial portion of personal injury cases settle out of court. Your lawyer must first pay any company with liens on your monetary award through a specialized escrow fund before issuing you the check.