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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. The cases typically involve a person who is at fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through your medical records and other documents to understand the full extent of your injuries, the costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in an injury lawsuit, the courts award them funds to pay for their damages. The money can be awarded in a lump sum or spread over a time period or as part of the settlement is structured. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are measurable costs that can be itemized, such as medical bills and lost earnings. General damages are harder to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keep a journal to document how your injuries impacted your life. This will increase your chance of receiving the maximum amount of compensation for the non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental anxiety and how your injuries impact your ability to engage in activities that you used to take for granted. In many personal injury cases, multiple defendants are responsible. This is most common when a business or an individual acts with the most blatant negligence, fraud and criminal intent. The court may also give punitive damages to discourage others from committing the same manner. The defendants will receive an order with a complaint once a lawsuit is filed. The defendants will be required to submit a response (also called an answering) within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. The parties will share information and evidence in this stage and may even conduct depositions. This phase 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 limitations expires, it's likely that you will lose your right to receive damages. It is important to consult an attorney in personal injury whenever you can even if you're not certain whether the incident occurred within the deadline. A statute of limitation is a law of the state that establishes a deadline for filing an action. In the majority of states, a statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline to file a lawsuit for personal injuries also depends on the individual you are seeking to sue. For instance, if are seeking to sue a municipal government agency (such as a city or county) the deadline is significantly shorter. There are other situations which could change the statute of limitation in your case. For example, if you were exposed to harmful substances or suffered medical malpractice, the statute of limitations could begin when you discover, or reasonably should have discovered, that your injuries were caused by negligence. In certain instances minors are not subject to the statute of limitation. If you file an injury claim after the statute of limitation has expired Your defendant is likely to tell the court about this and request to dismiss your claim. If this occurs, the court could dismiss your claim in a sweeping manner without hearing. It is important to consult a personal injury lawyer as soon as possible to discuss your case and determine if you have a legal claim. Complaint A complaint is a formal legal document filed by a plaintiff that declares a cause of action and demands judicial relief. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a specified time frame. A defendant will usually deny the claim. If the defendant does not respond to the claim, a default judgement may be granted in favor of the petitioner. In the majority of cases, personal injury claims can result in bodily harm. Physical injuries can be extremely expensive, and your lawyer will work to ensure you get paid for any existing medical bills as well as any future expenses you anticipate. These expenses include medications or home care as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes things like being unable to drive, sleep or walk normally. This kind of injury is known as pain and suffering. The court will call the preliminary conference after a complaint has been filed. The court will schedule any mandatory oral or physical examinations and also the production of any documents. After the conference, your lawyer will prepare an Bill of Particulars. This is a detailed report of your injuries. It will include all of your losses which include the cost of your current and anticipated 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 not monetary you are seeking. If the case is deemed to be a probable cause your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision 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 files the complaint with an appropriate court and then sends a copy of the document to the defendant through registered or certified mail within a certain time frame. The defendant has to respond or risk a default judgement against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the damages and injuries you've suffered 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 phase of a lawsuit, referred to as “discovery”, each party is able to ask questions and examine evidence provided by the other party. The defendant's representatives will want to have complete information before making settlement offers, therefore your attorney plays a significant role in negotiations during this stage. Your lawyer can also request that you are examined by a doctor they select in connection with the damages or injuries you're claiming. If you fail to attend, the judge may dismiss your case or require that you pay the defendant the costs of their examination. After discovery and inspection have been completed, lawyers on both sides can file a document known as a “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then decide on the trial. During the trial, a jury will decide if the defendant is responsible for the accident and injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't liable, the jury will reject your claim. Trial A personal injury case can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. Additionally, lawsuits can also be filed over physical injuries, such as the suffering of others and loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the early stages of the case to determine the exact cause and extent of your injuries. Then, he or she will negotiate with the insurance company of the at-fault company. Pearland injury attorney YouTube will stay in touch with you about any significant developments and will also negotiate throughout the process. After negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A Complaint, the first official document of a civil suit, identifies all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. This typically takes about one month. Once service is complete and the defendant is required to “answer” the Complaint within a specified date, which is usually 30 days. The answer explains whether the defendant acknowledges the allegations made in the Complaint or denies them. During this stage your lawyer could submit documents, medical records as well as other evidence to prove your argument. The attorney representing the defendant will respond to these documents and the two sides will start negotiations. If the parties are unable to reach a settlement the mediation or arbitration process could be required prior to your case goes to trial. A significant portion of personal injury cases are settled out of court. When a settlement is reached, your lawyer has to pay any companies with liens on the monetary award out of a special account in escrow before he/ will issue you an official check.