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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. These lawsuits typically involve a person at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury case, the courts award them money to cover their losses. These funds can be awarded in an amount in one lump sum or spread out over a time period or as part of an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are those that can be quantified that can be listed, such as medical bills and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of living are more difficult to quantify. Keep a journal to document how your injuries impacted your life. This will increase your chance of receiving maximum compensation for any non-economic losses. This includes the impact on your relationships, your daily pain levels, and episodes of mental anxiety, and how injuries affect your ability to participate in the activities you used to take for taken for granted. In many personal injury lawsuits there are many defendants. This is most common when an individual or business is guilty of the most blatant negligence, fraud and criminal motives. The court can also award punitive damage to deter other people from acting in the same way. When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants are required to respond (also known as an answering) within 30 days. Usually, defendants deny the allegations made in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. Both parties will exchange information and evidence during this phase including depositions. This stage takes up the majority of the personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you'll lose the right to damages. It is essential to speak with an attorney for personal injuries as soon as you can, even if you're not sure whether the accident occurred within the time frame. A statute of limitation is a law of the state that sets a deadline for filing lawsuits. In most states, the statute of limitations begins on the date of the accident or incident that led to your injuries. The deadline to file a lawsuit for personal injury also varies depending on the person you're seeking to sue. For instance, if you want to sue a municipal government agency (such as a county or city) the deadline is significantly shorter. Additionally there are certain circumstances that can change the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for example the statute of limitations could begin when you realize or reasonably should have known that your injuries are due to negligence. In some cases minors are not subject to the statute of limitation. If you file an injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and ask for the case to be dismissed. If this occurs, the court could dismiss your claim on the spot without a hearing. That's why it is 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 a formal legal document filed by a plaintiff which alleges an actionable cause and demands legal relief. The complaint should also state the kind of compensation the plaintiff seeks. The defendant must then respond within a certain timeframe. In general the event of a denial, the defendant will reject the claim. If the defendant does not respond, a default judgment may be entered in the petitioner's favor. Personal injury claims are usually based on actual bodily harm. Physical injuries can be extremely costly, and your attorney will work to ensure that you are compensated for any existing medical bills, as well as any future costs that are anticipated. This includes things like medications or home care, as well as physical therapy. You can also claim for any loss in quality of life caused by your injury. This includes the inability to sleep, drive or walk normally. This type of damages is referred to as suffering and pain. When a complaint is filed, the court will convene a preliminary conference to schedule the mandatory oral and physical examinations, as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered which include the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life as well as any other damages that are not monetary that you're seeking. If the case is determined to be probable cause the case will be scheduled for public hearing. If your complaint is dismissed because of a determination of no probable reason or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff file a complaint with the court and sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in greater detail. This may include photos of your injuries, medical expenses and lost wages. The document also contains details about the accident and how you believe the defendant is responsible for the damage. In the middle of a lawsuit referred to as “discovery,” each party gets to ask questions and look over evidence held by the other party. Your lawyer will be crucial during this stage of negotiations since the defendant's representatives want full information before making settlement offers. Your lawyer may also request that you be examined by a doctor of their choosing regarding the injuries and damages you're claiming. If you fail to take part, the judge may dismiss your case, or demand that you pay the defendant for the cost of their examination. After a 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 prepared to go to trial. The judge will then determine an appointment date for the trial. During the trial, the jury will decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant isn't accountable and the jury denies your claim. Trial Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful deaths (libel or slander), and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries such as the suffering of others and loss of companionship. In the early stages of your case, your lawyer will research your accident in order to fully comprehend the cause of the incident and the extent of your injuries. The lawyer will then engage with the insurance company of the party who is at fault. Your lawyer will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process. If South Bend injury lawsuits fail and your lawyer has to file a formal complaint in court against the defendant. A complaint, the first official document of civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. This usually takes one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. In this stage your lawyer will be able to submit medical records, documents, and other evidence in support of your case. The defendant's lawyer will submit a response to these documents, and the two sides will then engage in further discussions. If the parties are not able to reach a settlement and mediation or arbitration might be required prior to your case is put to trial. However, a significant percentage of personal injury cases settle out of court. Your lawyer must first pay any businesses that have lien on your monetary award from a specific account before distributing a check.