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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. These cases often involve a person at fault (defendant) and an injured party known as the plaintiff. Your lawyer will review your medical records, as well as other documentation, to determine the full extent and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury lawsuit the courts award them money to cover their losses. These funds can be awarded in a lump sum or spread over a time period in the settlement is structured. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are expenses that can be categorized and are measurable, such as medical expenses and lost wages. General damages are difficult to put a dollar amount on, such as pain and suffering and loss of enjoyment. Keep a diary of the way your injuries have affected you your chance of winning the most money for damages that are not economic. This includes the impact on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to do things you once took for granted. In many personal injury cases, more than one defendants are responsible. This is especially common when an individual or business commits the most blatant negligence, fraud and criminal intent. The court can also make punitive damages in order to discourage others from acting in a similar manner. The defendants will receive a summons with a complaint once a lawsuit has been filed. They are then required to file a response, also known as an answer within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer has been filed, the case enters the phase of fact-finding, also known as discovery. The parties will share information and evidence during this phase, including taking depositions. This is the stage that accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is likely that you will lose your right to receive damages. It is essential to speak with an attorney in personal injury as soon as possible even if you're not certain whether the incident occurred within the deadline. A statute of limitation is a law in a state that establishes a deadline for filing an action. In most states, the statute of limitations runs with the date of the incident or accident that caused your injuries. The time frame to file a lawsuit also depends on who you are seeking to sue. If you want to sue an entity that is a part of the municipal government (such as the city or county), the deadline will be much shorter. Additionally, there are certain situations that can change the statute of limitations in your case. For instance, if were exposed to harmful substances or a victim of medical negligence the time limit may begin when you discover or should have discovered, that your injuries were caused by negligence. In certain instances the statute of limitations can be tolled for minors. If you submit a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and request to dismiss your claim. In this case, the court will dismiss your claim without a hearing. It is essential to contact an attorney who specializes in personal injury as soon as possible to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is a formal legal document filed by a person who declares an action, and a demand for legal relief. The complaint should also state the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified time period. In general, a defendant will not respond to the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner. In most cases, personal injury claims involve actual bodily harm. Physical injuries can be expensive, and your attorney will ensure that you receive compensation for any current medical bills and any future costs that are anticipated. This includes things like medications or home care, as well as physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes things like the inability to walk, drive, or sleep normally. This type of damages is referred to as pain and suffering. The court will set up an initial conference once the complaint has been filed. The court will schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will prepare an Bill of Particulars. It is a comprehensive report of your injuries. This will include the losses you have suffered including your current and future medical costs as well as lost wages and property damage. Your lawyer will also detail the alleged emotional distress or disfigurement, loss of enjoyment of life and any other damages that you seek. If the case is determined to have probable cause your case will be scheduled for a public hearing. If the complaint is dismissed as a result of a determination that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff submits a complaint to the court and sends the defendant a copy by registered or certified mail within a certain time frame. The defendant must respond or risk a default judgement against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. It could include photographs of your injuries, medical expenses and lost wages. It also contains details about the accident and what the defendant is accountable for your harm. During the middle part of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and examine the evidence of the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney plays a significant role in negotiations during this phase. Your lawyer may also request to have you examined by a doctor they choose in relation to the damages or injuries you're seeking. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After the discovery and inspection process is completed, attorneys on both sides can file something called a “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then set the date for the trial. During the trial the jury will determine if 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 liable, the jury will reject your claim. Trial A personal injury claim encompasses a range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed to address physical injuries, such as suffering and pain, as well as loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand what happened and the magnitude of your injuries. He or she will then negotiate with the insurance company of the party at the fault. Your lawyer will stay in contact with you regarding any significant developments and discussions throughout the entire process. If negotiations fail, your lawyer will file a formal complaint in court against the defendant. A complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, claims that there was wrongdoing, and seeks compensation. The complaint must be personally served which means it must be handed over physically to the defendant. It usually takes about a month. After service is completed the defendant has to “answer” the Complaint within a set date, which is usually 30 days. The answer explains whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. At Orlando injury lawyers could provide medical records, documents and other evidence to support your case. The lawyer for the defendant will provide an answer to these documents, and the two sides will then engage in further discussions. If the parties cannot come to an agreement, mediation or arbitration could be required before a trial can take place. However, a substantial portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies that have lien on the award out of a special account for escrow before he or she will write you an official check.