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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 who is at fault. The plaintiff is usually the victim. Your lawyer will go through your medical records and other documents to determine the extent of your injuries, costs and damages. This will enable them to 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 may be awarded in a lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are costs which can be listed and are measurable for example, medical expenses and lost wages. General damages are harder to put a dollar amount on, like pain and suffering and loss of enjoyment. Keeping a journal detailing the way your injuries have affected you the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to perform activities you used to take for granted. In a majority of personal injury cases, multiple defendants are responsible. This is particularly true when an individual or business acts with reckless negligence, fraud, and criminal motives. The court can also award punitive damage to deter other people from engaging in the same manner. When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants must respond (also known as an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, as well as taking depositions under the oath. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired, 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 as early as possible, even if you are not certain if the incident happened within the deadline. A statute of limitations is a state law that sets a time limit on how long you can bring a lawsuit for injury. In most states, a statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline for filing a lawsuit for injury also depends on the party you are suing. If you are suing an entity that is a part of the municipal government (such as city or county), the deadline will be shorter. There are also certain situations which could change the time limit in your case. For instance, if you were exposed to harmful substances or a victim of medical malpractice, the time limit may begin when you realize or should have discovered, that your injuries were caused by negligence. In certain instances, minors are exempt from the statute of limitation. If Tustin injury attorney YouTube make a claim for injury after the statute of limitations has expired the defendant will likely inform the court of this and request to dismiss your claim. In this scenario the court will dismiss your claim without a hearing. It is crucial to speak with a personal injury lawyer as soon as you can to discuss your situation and determine if you can make an official claim. Complaint A complaint is a legal document filed by a plaintiff that declares a cause of action, and a demand for legal relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific time frame. In general the event of a denial, the defendant will not respond to the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. In the majority of cases, personal injury claims can result in bodily injury. Your attorney will make sure that you get paid for the medical bills you are currently paying and any future costs. These expenses include medication, home care, and physical therapy. You can also claim for any loss of quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is called pain and suffering. If a complaint is filed and the court is notified, they will hold a preliminary meeting to schedule the mandatory oral and physical examinations as well as any document production. Your lawyer will prepare a Bill of Particulars. This is a detailed account of your injuries. This will include the losses you have suffered including future and present medical costs loss of wages, as well as property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you're seeking. If the case is deemed to be a probable cause the case will be scheduled for public hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy via certified or registered post within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the injuries and damages you've suffered more fully. It could include photographs of your injuries, medical expenses and lost wages. The document also contains details about the accident and how you think the defendant is responsible for the damage. During the middle part of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and examine the evidence of the other party. Your attorney will be important during this stage of negotiations as the defendant's representatives want complete information before they make settlement offers. Your lawyer may also request to have you examined by a doctor of their choosing in regard to the injuries and damages you're claiming. If you do not attend, the judge could dismiss your case, or demand that you pay the defendant for the costs of their examination. After discovery and inspection have been completed, lawyers on both sides may file something called an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is ready 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 at fault and the jury awards you damages. If the defendant isn't accountable, the jury will reject your claim. Trial A personal injury case involves a wide range of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents, such as 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 an investigation on the accident during the initial stages of the case to determine the exact cause and extent of your injuries. Then, he will negotiate with the insurance company. Your attorney will keep in contact with you regarding any significant developments and discussions throughout the process. After negotiations have failed the lawyer will make a formal complaint to court against the defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, describes the incident, claims that there was wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. This typically takes about one month. After service is completed and the defendant is required to “answer” the Complaint within a set date, which is usually 30 days. The answer explains whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. In this stage your lawyer may submit documents, medical records and other evidence to support of your case. The lawyer representing the defendant will then reply to these documents and then the two sides will begin discussions. If the parties are unable to reach an agreement, mediation or arbitration could be required before the trial can be held. A significant number of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any companies with liens on the monetary settlement through a specific escrow account before he or will issue you a check.