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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these situations, the defendant is usually the one at fault. The plaintiff is usually the victim. Your lawyer will go through your medical records and other documentation, in order to determine the totality and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury claim the court gives them money to pay for damages. The funds may be awarded in a lump sum or spread over a period of time in an agreed settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are costs that can be itemized and quantifiable for example, medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment, are more difficult to quantify. Writing down how your injuries have affected your chance of winning the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anguish and how injuries affect your ability to participate in activities you once took for taken for granted. In many personal injury cases, more than one defendants are at fault. This is especially true when a person or business acts with fraud, criminal intent and gross negligence. The court may also award punitive damage to deter other people from doing the same thing. The defendants are served with an order with an accusation once a lawsuit is filed. They must file a response, also known as an answer, within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will exchange information and evidence in this stage including depositions. This stage accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you file an injury lawsuit after the statute of limitations expires, you will likely lose the right to claim damages. It is essential to speak with an attorney in personal injury as soon as you can even if you're unsure certain if the incident occurred before the deadline. A statute of limitation is a law in a state that sets a deadline for filing a lawsuit. In the majority of states, the statute of limitations starts on the date of the incident or accident that caused your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the person you are seeking to sue. If you want to sue an entity of municipal government (such as city or county) the deadline is shorter. There are other situations which could change the statute of limitation in your case. For example, if you were exposed to toxic substances or suffered medical malpractice The time limit may begin when you discover or ought to have realized, that your injuries were caused by negligence. In some cases minors are not subject to the statute of limitation. 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. In this case, the court will dismiss your claim in a hurry without a hearing. It is crucial to speak with an attorney for personal injuries as soon as possible to discuss your situation and determine if you have an official claim. Complaint A complaint is a legal document filed by a plaintiff which declares a cause of action, and a demand for legal relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a set timeframe. In general the case, a defendant will reject the claim. If the defendant fails to respond to the claim, a default judgment could be granted in favor of the petitioner. Most personal injury claims are based on actual bodily harm. Your attorney will make sure that you are compensated both for medical bills currently incurred and any future costs. These expenses include medications as well as home care and physical therapy. Bridgeport injury attorney can also claim any loss in your quality of life resulted from your injury. This includes the inability to walk, drive or sleep normally. This type of damages is known as suffering and pain. The court will schedule the preliminary conference after the complaint has been filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. Your lawyer will prepare a Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will also outline the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you're seeking. If your case is determined to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant has to respond, or else risk a default judgement against them. Your New York City personal injury attorney will submit an Bill of Particulars, which sets out the injuries and damages you've sustained more fully. This may include photos of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you think the defendant is accountable for the damage. During the middle phase of a lawsuit, referred to as “discovery”, each party is given the chance to ask questions and look over evidence provided by the other party. Your attorney is crucial in this phase of negotiations because the defendant's representatives want full information before making settlement offers. Your lawyer can also ask to have you examined by a doctor they select for the damages or injuries you're claiming. If you fail to attend, the judge may dismiss your case or order that you pay the defendant the costs of their examination. After the discovery and inspection, attorneys from 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 schedule a trial. During the trial, the jury will decide if the defendant was responsible for the accident as well as the injuries you suffered. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't at fault then the jury will deny your claim. Trial Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries like suffering and pain, as well as loss of companionship. Your lawyer will conduct research regarding your accident in the initial stages of the case to determine the exact nature and severity of your injuries. The lawyer will then negotiate with the insurance company of the party at the fault. Your lawyer will keep you informed and up to date on any negotiations and important developments throughout the process. If negotiations fail the lawyer will file a formal complaint in court against defendant. A Complaint is the first official document in a civil suit that identifies the parties, details the incident, alleges wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. It usually takes about approximately a month. After service has been completed the defendant has to “answer” the Complaint within a specified time, which is usually 30 days. The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. During this time, your lawyer can provide medical records, documents and other evidence to support of your case. The defendant's attorney will then respond to these documents, and then the two sides will start negotiations. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to your case is put to trial. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any company that have liens on your award from a specific account before distributing a check.