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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving 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 attorney will review your medical records and other documentation to assess 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 If a plaintiff prevails in a personal injury lawsuit the courts award them money to cover their losses. The funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are those that can be quantified that can be listed for medical expenses and lost earnings. General damages are more difficult to place a dollar value on, such as pain and suffering and loss of enjoyment. Keep a diary of how your injuries have affected the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, mental anguish and your ability to complete activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is particularly true when an individual or business is guilty of gross negligence, fraud, and criminal motives. The court may also award punitive damages to deter other people from engaging in the same manner. After a lawsuit has been filed the defendants will be served with a summons and complaint. They will then be required to submit a response which is also known as an answer, within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. This is where both parties will share relevant information and evidence, which includes taking depositions under the oath. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to collect damages. It is essential to speak with an attorney in personal injury as soon as you can even if you're not sure whether the accident occurred before the deadline. A statute of limitations is a law of the state that sets a deadline on the amount of time you have to file an injury lawsuit. In many states the statute of limitations starts on the date of the accident or incident that led to your injuries. The deadline to file a personal injury lawsuit also depends on the person you are suing. If you are suing an entity of municipal government (such as the city or county), the deadline will be much shorter. There are also certain situations that may change the statute of limitations in your situation. If you have been exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations can begin when you discover or ought to have known that your injuries are the result of negligence. In certain instances the statute of limitations may be tolled for minors. If you file an injury claim after the statute of limitations has expired Your defendant is likely to tell the court about this and request to dismiss your claim. In this instance the court will decide to dismiss your claim without a hearing. This is why it's crucial to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which alleges an action, and a demand for legal relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified time frame. In general the case, a defendant will reject the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf. Personal injury claims are usually based on actual bodily harm. Your lawyer will ensure that you get paid for your current medical bills as well as any future expenses. These costs include medical expenses as well as home care and physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of damage is known as suffering and pain. The court will schedule a preliminary conference when a complaint has been filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then draft an Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will also outline the possible emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you are seeking. If Dayton injury attorney is found to have probable cause you will be scheduled for an open 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 may appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff files a complaint with the court and 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 prepare an Bill of Particulars, which details the damages and injuries you've sustained more fully. This could include photos of your injuries, medical bills and lost wages. It also includes details of the accident and how the defendant is accountable for your injuries. In the middle of a lawsuit, referred to as “discovery”, each party is able to ask questions and review evidence held by the opposing party. The representatives of the defendant will want to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time. Your lawyer can also ask to have you examined by the doctor of their choice in relation to the injuries and damages you're claiming. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After the discovery and inspection process is completed, attorneys on each side can file a document known as a “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then schedule a trial. During the trial, a jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is accountable, the jury will award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial A personal injury case involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical, such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct research regarding your accident in the beginning stages of the case to determine the precise cause and the extent of your injuries. The lawyer will then engage with the insurance company of the party who is at fault. Your attorney will keep you up-to date on any negotiations and significant developments throughout this process. If negotiations fail and your lawyer has to submit a formal complaint to the court against the defendant. A complaint, the first official document in a civil suit, identifies all parties, describes the incident and alleges wrongdoing. It also seeks compensation. The complaint must be served personally which means it must be physically handed to the defendant. This usually takes one month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations made in the Complaint. During this stage your lawyer could submit medical records, documents and other evidence to support your case. The lawyer representing the defendant will then respond to these documents and the two sides will start further negotiations. If the parties are not able to reach an agreement and mediation or arbitration might be required prior to your case is put to trial. However, a large percentage of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any companies with lien on the money settlement out of a separate account in escrow before he/ they can issue a check.