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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for losses or injuries. These lawsuits typically involve a person who is at the fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records and other documents to determine the extent of your injuries, costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury case, the courts award them money to cover their losses. These funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are costs that can be categorized and are measurable like medical expenses and lost wages. General damages are difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment. Keep a journal to document how your injuries impacted your life. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. These include the effects on your relationships, daily pain levels and bouts of mental anxiety, and how your injuries impact your ability to take part in activities that you used to take for granted. In a lot of personal injury cases, multiple defendants are at fault. This is most common when a business or individual commits criminal intent, fraud, and gross negligence. The court may also award punitive damages to discourage others from engaging in the same manner. The defendants receive a summons along with an accusation once a lawsuit has been filed. The defendants will be required to respond (also called an answering) within 30 days. Typically, Wilmington injury attorneys YouTube will deny the allegations made in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. This is where the parties exchange pertinent information and evidence, including taking depositions under the oath. This phase takes up the majority of a personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired you could lose the right to collect damages. This is why it's important to consult an attorney for personal injury about your case early even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a law of the state that establishes a deadline for filing a lawsuit. In most states, the statute of limitations runs on the date of the incident or accident that caused your injuries. The deadline to file a personal injury lawsuit also depends on the person you are seeking to sue. For instance, if want to sue a municipal government agency (such as a county or city) the deadline is significantly shorter. In addition, there are certain situations that can change the statute of limitations in your case. If you have been exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation may begin when you discover or reasonably should have known that your injuries are due to negligence. In certain cases minors are not subject to the statute of limitations. If you file an injury claim after the time limit has expired the defendant will likely inform the court and ask for the dismissal of your lawsuit. In this case the court will decide to dismiss your claim without hearing. That's why it is important to consult an experienced personal injury lawyer as soon as possible 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 party who claims a cause of action and demands legal relief. The complaint should also define the type of relief the plaintiff seeks. The defendant must then respond within a specific timeframe. A defendant is likely to reject the claim. If the defendant does not respond, a default judgment may be granted in favor of the petitioner. Personal injury claims are generally founded on bodily injury. Your attorney will make sure that you receive compensation for your current medical bills as well as any future expenses. These include things like medication, home care and physical therapy. You can also claim any loss in quality of life that is caused by your injury. This includes things such as the inability to walk, sleep or drive normally. This kind of injury is referred to as suffering and pain. The court will schedule a preliminary conference when the complaint is filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then draft the Bill of Particulars. It is a thorough description of your injuries. It will include your losses including future and present medical expenses, lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in your life and any other damages that are not monetary that you are seeking. If your case is deemed 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 may appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff files a complaint with the court and sends the defendant a copy by certified or registered post within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries sustained by you in greater specific detail. It could include photos of your injuries, medical bills, and lost wages. The document also contains details regarding the accident and why you believe the defendant is responsible for the injury. During the middle phase of a lawsuit, referred to as “discovery” in which each party is able to ask questions and examine evidence held by the opposing party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, and your attorney plays a significant role in negotiations during this phase. Your lawyer may also request that you be examined by a doctor of their choosing in regard to the damages and injuries you're seeking. If you fail to take part, the judge may dismiss your case or order that you pay the defendant for their examination costs. After the discovery and inspection, attorneys on both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then schedule a trial. During the trial the jury will decide if the defendant is responsible for the accident and injuries. If the defendant is at fault and the jury awards you damages. If the defendant isn't responsible then the jury will dismiss your claim. Trial A personal injury claim can result in a variety 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. In addition, lawsuits may also be filed to address non-physical injuries like suffering and pain, as well as loss of companionship. In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend what occurred and the extent of your injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will keep you up to current on any negotiations and significant developments throughout this process. If negotiations fail the lawyer will file a formal complaint in the court against defendant. A complaint is the first official document in a civil lawsuit. It names the parties, explains the incident, claims that there was wrongdoing, and requests compensation. The complaint must be served personally, which means that it must be delivered physically to the defendant. This usually takes around a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant admits to the allegations in the Complaint or refuses to acknowledge them. During this time your lawyer will be able to submit medical records, documents and other evidence to support of your case. The defendant's attorney will respond to these documents, and then the two sides will begin negotiations. If the parties cannot reach an agreement, mediation or arbitration may be required prior to a trial can take place. However, a significant percentage of personal injury cases are settled out of court. Your lawyer must first pay any companies that have lien on your monetary award from a specific money escrow before distributing a check.