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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 usually the one who is at fault. The plaintiff is usually the victim. Your attorney will examine your medical records and other documentation to determine the extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit the court awards the plaintiff money to pay damages. The money can be awarded in an amount in one lump sum or spread out over a period of time in a structured settlement. These funds are known 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 itemized for medical expenses and lost earnings. General damages are difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keep a diary to record the way your injuries affected your life. This will increase your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to complete things you once took for granted. In many personal injury lawsuits there are many defendants. This is especially true when a business or individual acts with criminal intent, fraud and gross negligence. The court may also award punitive damages to deter others from acting in the same way. The defendants will receive a summons with a complaint once the lawsuit has been filed. They will then be required to respond which is also known as an answer within 30 days. Usually, the defendants deny the allegations in the complaint. After the answer is filed, the case will enter a fact-finding stage known as discovery. Both parties will exchange information and evidence during this stage, including taking depositions. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline. 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's crucial to talk to an attorney for personal injury about your case early even if you're not certain if the incident occurred before the deadline. A statute of limitations is a law in a state which sets a time frame on the amount of time you can make an injury lawsuit. In the majority of states the statute of limitations runs on the date of the accident or incident that led to your injuries. The deadline to file a lawsuit for personal injuries also depends 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. There are certain circumstances that may change the time limit in your particular case. For instance, if were exposed to toxic substances or suffered medical negligence, the time limit may begin when you discover, or reasonably should have discovered, that your injuries were caused by negligence. In some cases, the statute of limitations is extended for minors. If you file a personal injury claim after the time limit has expired, the defendant will most likely to inform the court and request your lawsuit to be dismissed. If this occurs, the court could summarily dismiss your claim without hearing. That's why it is important to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document that is filed by a party who alleges a cause for action and seeks the judicial remedy. The complaint must also specify the type of compensation that the plaintiff is seeking. The defendant is then required to respond within a set time frame. A defendant will usually deny the claim. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf. Personal injury claims are generally founded on bodily injury. Physical injuries can be expensive, and your lawyer will ensure that you are compensated for any existing medical bills and any anticipated future expenses. These include things like medication as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life caused by your injuries. Cranston injury attorney includes things like the inability to walk, sleep or drive normally. This kind of injury is referred to as pain and suffering. The court will schedule a preliminary conference when the complaint has been filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will prepare the Bill of Particulars. This is a thorough report of your injuries. It will include all the losses you have suffered which include the cost of your current and future medical bills, lost earnings and property damage. Your lawyer will also describe the possible emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you seek. If your case is determined to be 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 is not in 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 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 risk a default judgment 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 more specific detail. It could include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and how the defendant is accountable for the harm you suffered. During the middle phase of a lawsuit, called “discovery” in which each party has the opportunity to ask questions and look over evidence presented by the other party. Your attorney will be important in 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 see you by a doctor they select in connection with the damages or injuries you're seeking. If you do not attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs. After the discovery and inspection process is completed, lawyers on each side can submit a document referred to as an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then schedule the trial. During the trial, a jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is to blame the jury could award you damages. If the defendant isn't at fault then the jury will deny your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed to address non-physical injuries such as suffering and pain, as well as loss of companionship. In the initial stages of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your losses. The lawyer will then engage with the insurance company of the party who is at fault. Your attorney will stay in touch with you about any significant developments and discussions throughout the process. If negotiations fail, your lawyer will make a formal complaint to court against the defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, argues for wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. It usually takes about a month. After service is completed, the defendant must “answer” the Complaint within a set time, which is usually 30 days. The answer will reveal whether the defendant denies or accepts the allegations contained in the Complaint. In this stage your lawyer will be able to submit medical records, documents, and other evidence in support of your case. The defendant's lawyer will submit an answer to these documents and the two sides will then engage in further discussions. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to trial can begin. However, a large percentage of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any businesses that have liens on the monetary award out of a special account for escrow before he or she will write you an official check.