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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. The cases typically involve a person 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 allow them to prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins in a personal injury claim the judge will award them money to pay for damages. These funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are expenses that can be categorized and are measurable for example, medical expenses and lost wages. General damages are difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keep a diary of the way your injuries have affected you your chance of winning the most money for damages that are not economic. This includes the impact on your relationships, daily pain levels mental stress and your ability to perform things you once took for granted. In many personal injury lawsuits there are multiple defendants. This is especially common when a business or an individual is guilty of the most blatant negligence, fraud and criminal motives. The court can also give punitive damages to discourage others from acting in the same way. When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants are required to respond (also called an answering) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. This is the time when the parties exchange pertinent information and evidence, including depositions under oath. This is the stage that accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, you will likely lose the right to claim damages. That's why it's crucial to talk to a personal injury lawyer about your case early, even if you are not certain if the incident occurred within the timeframe. A statute of limitation is a law of the state that sets a deadline for filing lawsuits. In the majority of states the statute of limitations begins the date on which the accident or incident caused your injuries. The deadline to file a lawsuit for personal injury is dependent on the individual you are suing. If you intend to sue an entity of municipal government (such as the city or county) the deadline will be shorter. Additionally, there are certain situations that could alter the statute of limitations in your case. If you were exposed toxic substances or were the victim of medical malpractice, for example the statute of limitations could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In certain cases, the statute of limitations can be extended for minors. If you file an injury claim after the statute of limitations has expired the defendant will most likely to inform the court and ask for your lawsuit to be dismissed. In Albuquerque injury attorney You Tube will decide to dismiss your claim without hearing. That's why it is important to talk with an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal formal document filed by a person who declares an actionable cause, and a demand for the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant must then respond within a specific time period. A defendant will usually deny the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner. Personal injury claims are generally caused by bodily injury. Your attorney will ensure that you are compensated both for your current medical bills and any future costs. These include things like medication or home care, as well as physical therapy. In addition, you can claim for any loss of quality of life resulting from your injuries. This includes things like being unable to walk, sleep or drive normally. This type of damage is referred to as suffering and pain. The court will call the preliminary conference after a 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 then prepare the Bill of Particulars. This is a detailed description of your injuries. It will include all your losses which include the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will also describe the grievous emotional distress or disfigurement, loss of enjoyment of life, and any other damages that are not monetary you are seeking. If the case is deemed to be probable cause the case will be scheduled for public hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff files a complaint with the court and then sends the defendant a copy by registered or certified mail within a specific time. The defendant has to respond, or they risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the damages and injuries you've sustained more fully. This may 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 accountable for the harm. During the middle part of a lawsuit called “discovery,” each party has the opportunity to ask questions and examine the evidence of the other 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 time. Your lawyer may also request to have you examined by a doctor they select for the injuries or damages you're claiming. If you do not take part, the judge may dismiss your case or require that you pay the defendant the cost of their examination. After the discovery and inspection, attorneys on both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then decide a trial date. During the trial the jury will decide if the defendant is responsible for the accident and injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't accountable then the jury will deny your claim. Trial A personal injury case involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. A lawsuit could also be filed for non-physical injuries, such as discomfort and pain and loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the early stages of the investigation to determine the exact cause and extent of your injuries. Then, he or she will work with the insurance company of the at-fault company. Your lawyer will keep you up-to date on any negotiations and significant developments during this process. If 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, the first official document of civil lawsuits, names all parties, details the incident, and claims that there was wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. It usually takes about one month. After service is completed, the defendant must “answer” the Complaint within a set time, which is usually 30 days. The answer will tell you if the defendant denies or accepts the allegations in the Complaint. In this phase your lawyer could provide 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 continue to negotiate. If the parties cannot reach an agreement, mediation or arbitration could be required prior to a trial can take place. A large portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer has to pay any businesses that have liens on the monetary award out of a special account for escrow before he or will issue you an official check.