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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. In these instances, the defendant is usually the one who is at fault. The plaintiff is typically the party who is injured. Your attorney will review all medical records along with other documents, to determine the totality and cost of your injuries and the damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury lawsuit, the judge awards the plaintiff a sum of money to cover damages. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be listed like medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of life, are more difficult to quantify. Writing down the way your injuries have affected you the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to do things you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or an individual commits reckless negligence, fraud, and criminal intent. The court may also award punitive damage to deter other people from doing the same thing. After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants will be required to submit a response (also called an answer) within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer has been filed, the case moves to an investigation known as discovery. The parties will share information and evidence in this stage including depositions. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is possible that you'll lose your right to receive damages. It is important to consult a personal injury attorney as soon as possible even if you're unsure certain if the incident occurred before the time frame. A statute of limitation is a law of the state that sets a deadline for filing a lawsuit. In most states, a statute of limitations begins on the date that the accident or incident led to your injuries. The deadline to file a lawsuit for personal injury is dependent on the person you're suing. If you want to sue an entity that is a part of the municipal government (such as city or county) the deadline will be much shorter. There are other situations which could change the statute of limitations in your situation. For example, if you were exposed to harmful substances or suffered medical negligence the time limit may begin when you realize or should have realized, that your injuries were the result of negligence. In some cases, the statute of limitations may be extended for minors. If you make a claim for injury after the statute of limitations has expired, your defendant will likely inform the court about this and ask to dismiss your claim. If this occurs, the court could dismiss your claim on the spot without hearing. This is why it's important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is an official legal document that is filed by a person who alleges a cause for action and seeks legal relief. The complaint must also specify the type of compensation that the plaintiff is seeking. The defendant is then required to respond within a specified time frame. A defendant will usually deny the claim. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf. In most cases, personal injury claims involve actual bodily injury. Your attorney will make sure that you receive compensation for your current medical bills and any future costs. These costs include medical expenses or home care as well as physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. This includes things like being unable to walk, sleep or drive normally. This kind of injury is referred to as suffering and pain. When a complaint is made and the court is notified, they will hold a preliminary meeting to set the date for the mandatory oral and physical examinations, as well as any document production. Your lawyer will then draft the Bill of Particulars. It is a comprehensive account of your injuries. This will include your losses including your future and current medical costs as well as lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment and any other damages that are not monetary that you're seeking. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result 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 the issue of a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant through registered or certified mail within a certain timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the damages and injuries you've suffered more fully. This could include photos of your injuries, medical expenses and lost wages. It also includes details of the accident and what the defendant is responsible for your harm. During the middle part of a lawsuit called “discovery,” each party has the opportunity to ask questions and look over evidence that is held by the other party. Your attorney is crucial in this stage of negotiations because the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also request to see you by a doctor they select in connection with the damages or injuries you're seeking. If you fail to attend, the judge could dismiss your case, or demand that you pay the defendant for the costs of their examination. After the discovery and inspection, attorneys on both sides may 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, a jury will determine if the defendant is at fault for the accident and injuries. If San Angelo injury lawyer YouTube is accountable and the jury awards you damages. If the defendant is not responsible, the jury will deny your claim. Trial A personal injury case can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries like the suffering of others and loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the beginning stages of the case to determine the exact cause and extent of your injuries. The lawyer will then negotiate with the insurance company of the party at the fault. Your attorney will keep you informed and up to the minute on any negotiations or significant developments during this process. After negotiations are unsuccessful the lawyer will file an official complaint in a court against the defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, describes the incident, alleges wrongdoing, and seeks compensation. The complaint must be personally served and must be handed over physically to the defendant. This usually takes around one month. After service is completed and the defendant is required to “answer” the Complaint within a specified time, which is usually 30 days. The answer is whether the defendant acknowledges the allegations in the Complaint or denies them. During this time your lawyer will be able to submit medical records, documents as well as other evidence in support of your case. The defendant's lawyer will submit a response to these documents and the two sides will engage in further negotiations. If the parties cannot come to an agreement, mediation or arbitration could be required prior to a trial can take place. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any company that have liens on your award through a specialized money escrow before distributing a check.