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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. In these cases, the defendant is usually the person at fault. The plaintiff is typically the victim. Your lawyer will review all of your medical records along with other documentation, in order to determine the full extent and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case the courts award them money to cover their losses. These funds can be awarded in lump sums or spread over a time period or as part of a structured settlement. Bellflower injury lawsuits youtube.com are referred to 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 listed like medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living, are more difficult to quantify. Keep a journal to document how your injuries impacted your life. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to complete activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or individual commits fraud, criminal intent and gross negligence. The court may also give punitive damages to discourage others from acting in the same manner. The defendants will receive a summons with an accusation once the lawsuit has been filed. They must respond which is also known as an answer within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. This is the time when the parties exchange pertinent information and evidence, including depositions under an oath. This is the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you'll lose your right to receive damages. It is crucial to speak with an attorney for personal injuries as soon as you can, even if you're not certain whether the incident occurred within the deadline. A statute of limitations is a law of the state that sets a deadline for filing an action. In many states the statute of limitations starts on the date of the incident or incident led to your injuries. The deadline to file a lawsuit for personal injury is dependent on the person you're seeking to sue. For instance, if want to sue a municipal government agency (such as a county or city), the deadline is significantly shorter. There are also certain situations which could change the time limit in your particular case. If you have been exposed to toxic substances or suffered from medical malpractice, for instance, the statute of limitation can begin when you discover or reasonably should have known that your injuries are the result of negligence. In some cases the statute of limitations can be extended for minors. If you submit an injury claim after the statute of limitation has expired, your defendant will likely tell the court about this and request that your case be dismissed. In this case the court will dismiss your claim in a hurry without hearing. It is essential to contact an attorney who specializes in personal injury as soon as you can to discuss your situation and determine if you can make a legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which alleges an actionable cause and demands the judicial remedy. The complaint should also define the type of compensation that the plaintiff is seeking. The defendant must then respond within a set timeframe. In general the event of a denial, the defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner. In most cases, personal injury claims can result in bodily harm. Your lawyer will ensure that you are compensated both for your current medical bills and any future expenses. These costs include medical expenses as well as home care and physical therapy. In addition, you can claim for any loss of quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as suffering and pain. If a complaint is filed when a complaint is filed, the court will convene a preliminary conference to plan obligatory oral and physical examinations as well as any document production. Following the conference your lawyer will draft the Bill of Particulars. This is a detailed description 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 detail any emotional distress, disfigurement, or loss of enjoyment as well as any other damages that are not monetary that you are seeking. If your case is deemed 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 does not have jurisdiction, you may appeal the decision. Summons The formal process of a lawsuit begins with a summons and complaint. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant via registered or certified mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the injuries and damages you've suffered more fully. This may include photos of your injuries, medical expenses and lost wages. The document will also contain information regarding the accident and why you believe the defendant is accountable for the damage. During the middle phase of a lawsuit, also known as “discovery” in which each party has the opportunity to ask questions and look over evidence held by the other party. Your attorney will be important in this phase of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer can also ask to have you examined by a doctor of their choosing in relation to the injuries and damages you're claiming. If you fail to show up, the court may dismiss your case. Or order that you pay for the doctor's examination costs. After a discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then determine an appointment date for the trial. During the trial the jury will determine if the defendant is at fault for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant isn't at fault, the jury will reject your claim. Trial A personal injury lawsuit can result in a variety of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical such as pain and discomfort and loss of companionship. In the initial stages of your case the lawyer will investigate the accident to determine what occurred and the extent of your damages. Then, he or she will negotiate with the insurance company. Your attorney will keep you up-to date on any negotiations and significant developments throughout this process. If negotiations don't work, your lawyer will file an official complaint in the court against defendant. A Complaint is the first official document in a civil suit that names the parties, explains the incident, argues for wrongdoing and demands compensation. The complaint must be personally served, which means that it must be handed over physically to the defendant. This typically takes about a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. During this time, your lawyer can submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents and the two sides will continue to negotiate. If the parties are not able to reach an agreement the mediation or arbitration process could be required before your case can go to trial. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any companies that have liens on your award from a specific money escrow before distributing an actual check.