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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 cases, the defendant is usually the one who is at fault. The plaintiff is usually the injured party. Your attorney will review your medical records and other documents to understand the full extent of your injuries, expenses and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury lawsuit, the court gives the plaintiff money to pay damages. These funds can be awarded in an amount in one lump sum or spread over a period of time in an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs that can be itemized and quantifiable, such as medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment are more difficult to quantify. Writing down how your injuries have affected you can help improve the odds of obtaining the most money for damages that are not economic. These include the effects on your relationships, daily pain levels, and episodes of mental stress, and how your injuries affect your ability to participate in activities that 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 acts with gross negligence, fraud, and criminal motives. The court can also give punitive damages to discourage others from acting in the same way. After a lawsuit has been filed and the defendants are served with a summons and complaint. The defendants must provide a response (also called an answer) within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed, the case is moved to an investigation known as discovery. Both parties will exchange information and evidence during this stage, including taking depositions. This stage 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 you could lose the right to claim damages. That's why it's crucial to talk to an attorney who specializes in personal injury to discuss your case as early as possible, even if you are not sure if the accident occurred within the timeframe. A statute of limitations is a law of the state that sets a deadline on the amount of time you have to make an injury lawsuit. In many states, the statute of limitations starts on the date of the incident or accident that led to your injuries. The time frame for filing an injury lawsuit is dependent on the person you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as city or county) the deadline will be much shorter. In addition there are certain circumstances which could change the statute of limitations in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In some cases, minors are exempt from the statute of limitation. If you file an injury claim after the time limit has expired the defendant will likely inform the court and ask for your lawsuit to be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without hearing. This is why it's important to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is an official legal document that is filed by a person who asserts a cause of action and demands legal relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a certain time frame. A defendant is likely to reject the claim. If the defendant fails to respond to the claim, a default judgement may be granted for the petitioner. Most personal injury claims can result in bodily injury. Your lawyer will ensure that you are compensated both for your current medical bills and any future costs. This includes things like medications, home care and physical therapy. You can also claim for any loss in your quality of life that is caused by your injury. This includes the inability to sleep, drive or walk 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. This will be used to schedule any required physical or oral examinations, and also the production of any documents. Your lawyer will then prepare the Bill of Particulars. This is a detailed account of your injuries. It will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will also detail the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you're seeking. If your case is deemed to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff submits a complaint to the court and sends the defendant a copy of the complaint via registered or certified mail within a specified time. The defendant must respond, or they risk a default judgement against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in more detail. This may include photos of your injuries, medical expenses and lost wages. It also contains details about the incident and the manner in which the defendant is accountable for your harm. In the middle of a lawsuit referred to as “discovery,” each party gets to ask questions and examine evidence held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, and your attorney will play a crucial role in negotiations during this time. Your lawyer may also request to see you by a doctor they choose for the damages or injuries you're claiming. If you fail to attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After the discovery and inspection, attorneys on both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then set the date for a trial. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't liable and the jury decides to deny your claim. Trial A personal injury lawsuit encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. Additionally, Indio injury lawyer can also be filed to address physical injuries, such as the suffering of others and loss of companionship. In the beginning 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 damages. Then, he or she will work with the at-fault party's insurance company. Your lawyer will keep you up-to the minute on any negotiations or significant developments during this process. After negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. A Complaint is the initial official document in a civil lawsuit that names the parties, explains the incident, claims that there was wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. It usually takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations made in the Complaint. During this stage your lawyer could submit medical records, documents and other evidence to back your case. The lawyer representing the defendant will submit a response to these documents and the two sides will then engage in further discussions. If the parties are unable to reach an agreement, then mediation or arbitration could be required before the trial can be held. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any businesses that have lien on your monetary award from a special escrow fund before issuing you an actual check.