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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. The cases typically involve a person at fault (defendant) and an injured party known as the plaintiff. Your attorney will review your medical records and other documentation to determine the extent of your injuries, expenses 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 funds to pay for their damages. These funds can be awarded as a lump sum or spread over a time period in the settlement is structured. These funds are known as compensatory damages. There are two kinds: special and general. Special damages are those which can be listed and are measurable, such as medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment of living are more difficult to quantify. Keeping a journal detailing how your injuries have affected you can help improve your chances of obtaining the most money for damages that are not economic. This includes the impact on your relationships, your daily pain levels, and episodes of mental anxiety, and how your injuries affect your ability to participate in activities that you used to take for taken for granted. In many personal injury cases, multiple defendants are at fault. This is the most frequent scenario when a business or individual commits criminal intent, fraud and gross negligence. The court can also make punitive damages in order to discourage others from acting in a similar way. When a lawsuit is filed the defendants will be served with a summons and complaint. The defendants are required to submit a response (also called an answering) within 30 days. Typically, defendants deny the allegations in the complaint. After 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 stage, including taking depositions. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out you could lose the right to claim damages. That's why it's crucial to speak with a personal injury lawyer about your case early even if not sure if the accident happened within the deadline. A statute of limitations is a law of the state that sets a deadline for filing an action. In most states the statute of limitations begins the date on which the accident or incident caused your injuries. The time limit for filing an injury lawsuit also depends on the party you are suing. For example, if you are seeking to sue a municipal government entity (such as a city or county) the deadline is shorter. There are also certain situations that may change the statute of limitation in your situation. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In certain cases, minors are exempt from the statute of limitation. If you file an injury claim after the time limit has expired the defendant will most likely inform the court and request the dismissal of your lawsuit. In this case the court will decide to dismiss your claim in a hurry without a hearing. That's why it is important 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 formal legal document that is filed by a person who claims a cause of action and demands the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a set timeframe. A defendant is likely to reject the claim. If the defendant does not respond, a default judgment may be entered in favor of the petitioner. In the majority of cases, personal injury claims are based on actual bodily harm. Physical injuries can be very expensive, and your lawyer will work to ensure you get paid for any existing medical bills as well as any future costs that are anticipated. These expenses include medications as well as home care and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes things like the inability to walk, drive, or sleep normally. This kind of injury is known as pain and suffering. If 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. Your lawyer will then prepare the Bill of Particulars. This is a detailed report of your injuries. Hesperia injury lawsuit will include the losses you have suffered including future and present medical costs as well as lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life as well as any other damages not monetary you're seeking. If the case is deemed to have probable cause the case will be scheduled for a public hearing. If your complaint is rejected due to a finding of no probable reason or because the court is not in authority, you can appeal the decision. Summons The formal lawsuit process begins with a summons and a complaint. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a specified time frame. The defendant must respond, or they risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. This may include photos of your injuries, medical expenses and lost wages. It may also include details of the accident and how the defendant is responsible for the harm you suffered. During the middle part of a lawsuit called “discovery,” each party is allowed to ask questions and inspect evidence that is held by the other party. Your attorney is crucial in this stage of negotiations since the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also request to have you examined by the doctor of their choice in relation to the damages and injuries you're claiming. If you do not show up, the court may dismiss your case. Or order that you pay for the doctor's examination costs. After the discovery and inspection, attorneys on both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then decide on the trial. During the trial the jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is responsible the jury could award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial Personal injury lawsuits 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. A lawsuit could also be filed for injuries that are not physical like pain and discomfort and loss of companionship. In the beginning of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your injuries. The lawyer will then engage with the insurance company of the party at fault. Your lawyer will keep you up to the minute on any negotiations or significant developments throughout this process. After negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file a formal complaint in the court against defendant. A Complaint is the initial official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. It usually takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this phase your lawyer could provide medical records, documents and other evidence to back your case. The defendant's lawyer will submit a response to these documents and the two parties will then engage in further discussions. If the parties cannot come to an agreement, mediation or arbitration may be required prior to trial can begin. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any company with liens on your monetary award from a specific escrow fund before issuing you a check.