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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. The cases typically involve a party who is at fault (defendant) and an injured party known as the plaintiff. Your attorney will examine your medical records and other documents to understand the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury lawsuit, the courts award them funds to cover their losses. The funds may be awarded as an amount in one lump sum or spread over a time period in the settlement is structured. These funds are known as compensatory damages. There are two types: special and general. Special damages are the ones that can be quantified that can be listed, such as medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of living are more difficult to quantify. Writing down the way your injuries have affected you you can help improve your chance of winning maximum compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental anguish, and how injuries affect your ability to take part in the activities you used to take for taken for granted. In many personal injury cases, more than one defendants are accountable. This is the most frequent scenario when a person or business commits fraud, criminal intent, and gross negligence. Arlington injury lawyers can also give punitive damages to discourage others from acting in the same manner. Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants are required to provide a response (also called an answering) within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. This is when both parties will exchange relevant information and evidence, which includes taking depositions under the oath. This is where you will find the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitation expires, it is possible that you will lose the right to damages. That's why it is important to consult an attorney who specializes in personal injury to discuss your case early on, even if you are not sure if the incident occurred before the deadline. A statute of limitations is a law in a state that sets a time limit on how long you can file an injury lawsuit. In most states the statute of limitations starts on the date of the incident or incident led to your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the person you're 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 also certain situations that may change the time limit in your situation. For instance, if you were exposed to harmful substances or suffered medical negligence the statute of limitations could begin when you realize, or reasonably should have discovered, that your injuries were caused by negligence. In some cases, minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitations has expired the defendant will likely tell the court about this and request to dismiss your claim. In this scenario the court will dismiss your claim summarily without hearing. It is important to consult an attorney for personal injuries immediately to discuss your case to determine if you are eligible to file an official claim. Complaint A complaint is a formal legal document filed by a party who claims a cause of action and demands judicial relief. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. A defendant is likely to decline to respond. If the defendant fails to respond, default judgment can be granted to the petitioner's behalf. Most personal injury claims are based on actual bodily injury. Physical injuries can be expensive, and your attorney will ensure that you receive compensation for any current medical bills, as well as any future costs that are anticipated. These include things like medication, home care and physical therapy. In addition, you can claim compensation for any loss in quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as pain and suffering. When a complaint is filed, the court will convene a preliminary conference to plan the mandatory oral and physical examinations, as well as any document production. Your lawyer will then draft the Bill of Particulars. This is a detailed report of your injuries. This will include your losses including your current and future medical expenses loss of wages, as well as property damage. Your lawyer will also outline the grievous emotional distress or disfigurement, loss of enjoyment of life and any other damages that you are seeking. If the case is determined to be a probable cause your case will be scheduled for public hearing. If your complaint is dismissed because of a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant by registered or certified mail within a specified timeframe. The defendant must respond or risk a default judgment 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. It may include photographs of your injuries, medical bills 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, also known as “discovery,” each party gets to ask questions and examine the evidence of the other party. Your lawyer will be crucial in this phase of negotiations since 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 they choose for the injuries or damages you're claiming. If you fail to take part, the judge may dismiss your case or require that you pay the defendant the cost of their examination. Once discovery and inspection are completed, lawyers on both sides can file something called an “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then determine the trial date. During the trial, a jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is responsible, the jury will award you damages. If the defendant is not liable then the jury will deny your claim. Trial A personal injury lawsuit encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit may also be filed for non-physical injuries, such as pain and discomfort and loss of companionship. Your lawyer will conduct an investigation on the accident during the initial stages of the investigation to determine the exact cause and extent of your injuries. Then, he will work with the insurance company. Your attorney will keep in touch with you about any significant developments and negotiations throughout the entire process. After negotiations fail, your lawyer will file an official complaint in a court against the defendant. A Complaint, the first official document in a civil suit, identifies all parties, outlines the incident, and claims that there was wrongdoing. It also seeks compensation. The complaint must be served personally and must be physically handed to the defendant. It typically takes approximately a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. In this phase your lawyer could submit documents, medical records as well as other evidence to prove your argument. The defendant's lawyer will submit an answer to these documents, and the two sides will then engage in further discussions. If the parties can't reach an agreement, then mediation or arbitration could be required before trial can begin. However, a large percentage of personal injury cases settle outside of court. Once a settlement is reached, your lawyer has to pay any companies with lien on the award out of a special account in escrow before he/ will issue you a check.