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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 cases often involve a party who is at fault (defendant) and an injured party known as the plaintiff. Your lawyer will review your medical records, as well as other documents, to determine the totality and cost of your injuries and damage. This will help them prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury case, the courts award them funds to pay for their damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are those that can be quantified that can be listed like medical bills and lost earnings. General damages are difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment. Keep a journal to document how your injuries impacted you. This will increase your chance of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels mental stress and your ability to perform activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or an individual commits reckless negligence, fraud, and criminal intention. The court can also award punitive damage to deter other people from acting in the same way. After a lawsuit has been filed and the defendants are served with a summons and complaint. They must submit a response or answer within 30 days. Usually, defendants deny the allegations made in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. The parties will exchange information and evidence during this phase including depositions. This stage accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is possible that you will lose your right to receive damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case as early as possible even if not sure if the accident occurred before the deadline. A statute of limitations is a law in a state that sets a time limit on the time you can file an injury lawsuit. In the majority of states, a statute of limitations starts on the date on which the accident or incident caused your injuries. The time frame to file a lawsuit also depends on the party you are suing. For instance, if would like to sue a local government entity (such as a county or city) the deadline is shorter. There are other situations which could change the statute of limitations in your case. If you were exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In some cases minors are exempt from the statute of limitations. If you file a personal injury claim after the time limit has expired, the defendant will most likely inform the court and request the dismissal of your lawsuit. If this occurs, the court could summarily dismiss your claim without a hearing. This is why it's crucial to consult an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which asserts an action and demands judicial relief. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. The defendant is usually able to deny the claim. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf. In most cases, personal injury claims can result in bodily injury. Physical injuries can be extremely expensive, and your lawyer will work to ensure you get paid for any existing medical bills and any future expenses you anticipate. These expenses include medications as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes things like being unable to walk, sleep or drive normally. This type of damage is called pain and suffering. The court will schedule the preliminary conference after the complaint has been filed to schedule any mandatory oral or physical examinations, and also the production of any documents. Your lawyer will then prepare an Bill of Particulars. This is a detailed description of your injuries. This will include your losses including future and present medical costs, lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life as well as any other damages that are not monetary that you're seeking. If the case is deemed to have probable cause the case will be scheduled for a public hearing. If your complaint is dismissed due to a determination of no probable reason or because the court does not have jurisdiction, you can 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 by certified or registered mail within a specific time frame. 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 greater detail. This could include photos of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you believe the defendant is responsible for the damage. In the middle of a lawsuit, also known as “discovery” in which each party is able to ask questions and review evidence presented by the other party. Your attorney is crucial during this stage of negotiations because the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also ask to have you examined by the doctor of their choice in regard to the injuries and damages you're claiming. If you don't attend, the judge could dismiss your case, or demand that you pay the defendant the cost of their examination. After discovery and inspection, attorneys on both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then determine the trial date. During the trial the jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is at fault, the jury may award you damages. If the defendant is not accountable, the jury will deny your claim. Trial Personal injury claims can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander) and physical injury caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries like suffering and pain, as well as loss of companionship. In the early stages of your case, your lawyer will research the accident to determine what happened and the magnitude of your injuries. Then, he or she will work with the insurance company. Your lawyer will keep you up-to the minute on any negotiations or important developments throughout the process. After negotiations don't work, your lawyer will file an official complaint in a court against the defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, details the incident and alleges wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. Vancouver injury lawsuit takes a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. At this point, your lawyer may provide medical records, documents as well as other evidence to prove your argument. The attorney representing the defendant will then reply to these documents, and then the two sides will start further negotiations. If the parties are not able to reach an agreement and mediation or arbitration might be required before your case goes to trial. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any company with liens on your monetary award from a special money escrow before distributing a check.