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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. The cases typically involve a person who is at fault (defendant) and an injured party known as the plaintiff. Your lawyer will review your medical records, as well as other documents, to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case the court will award the plaintiff a sum of money to cover damages. The money can be awarded as an amount in one lump sum or spread out over a period of time, as part if a structured settlement. These funds are referred to as compensatory damages. There are New Rochelle of compensatory damages: general and special. Special damages are those that can be categorized and are measurable like medical expenses and lost wages. General damages, such as pain and discomfort 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 maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental stress and how your injuries impact your ability to engage in activities you once took for taken for granted. In many personal injury cases, more than one defendants are at fault. This is most common when a business or individual is guilty of criminal intent, fraud or gross negligence. The court may also make punitive damages in order to discourage others from committing the same manner. After a lawsuit has been filed the defendants will be served with a summons and complaint. They are then required to file a response, also known as an answer within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer is filed, the case moves to the phase of fact-finding, also known as discovery. The parties will share information and evidence in this stage including depositions. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline. 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 the right to damages. It is crucial to speak with an attorney for personal injuries as soon as possible even if you're not certain whether the incident occurred before the timeframe. A statute of limitations is a law in a state that sets a deadline on the amount of time you can bring a lawsuit for injury. In the majority of states, a statute of limitations starts on the date that the accident or incident caused your injuries. The time frame for filing a lawsuit for injury also depends on the party you are suing. If you are suing an entity of municipal government (such as city or county) the deadline will be much shorter. In addition, there are certain situations which could change the statute of limitations in your particular case. For instance, if you were exposed to toxic substances or suffered medical malpractice The time limit may begin when you discover or ought to have discovered, that your injuries were caused by negligence. In certain cases, the statute of limitations can be extended for minors. If you file an injury claim after the time limit has expired, the defendant will most likely to inform the court and request the dismissal of your lawsuit. In this case the court will decide to dismiss your claim summarily without hearing. This is why it's crucial to speak with a seasoned 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 document filed by a plaintiff which declares 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 certain time frame. The defendant is usually able to deny the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner. Most personal injury claims involve actual bodily injury. Your attorney will ensure that you receive compensation for your current medical bills as well as any future expenses. These costs include medical expenses, home care, and physical therapy. You may also be able to claim any loss in your quality of life resulted from your injury. This includes things such as the inability to drive, sleep or walk normally. This kind of injury is referred to as pain and suffering. When a complaint is filed, the court will hold a preliminary meeting to set the date for obligatory oral and physical examinations, as well as any document production. Following the conference your lawyer will draft an Bill of Particulars. This is a detailed description of your injuries. This will include the losses you have suffered including your current and future medical expenses as well as lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment, as well as any other damages that are not monetary that you are seeking. If the case is deemed to have probable cause, your 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 does not have authority, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files the complaint with a court and sends a copy of the document to the defendant by certified or registered mail within a specific timeframe. 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 damages and injuries you've sustained more fully. It could include photographs of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for your injuries. In the middle of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and look over the evidence of the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, so your attorney will play a crucial role in negotiations during this stage. Your lawyer may also request to have you examined by a doctor they select in relation to the injuries or damages you're claiming. If you do not attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs. After a discovery and inspection, attorneys from 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 on the trial. During the trial, the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is accountable, the jury will award you damages. If the defendant isn't accountable and the jury denies your claim. Trial A personal injury claim encompasses a range 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 to address non-physical injuries such as suffering and pain, as well as loss of companionship. Your lawyer will conduct research regarding your accident in the initial stages of the case to determine the exact nature and severity of your injuries. He or she will then engage with the insurance company of the party who is at the fault. Your attorney will stay in touch with you on any significant developments and discussions throughout the entire process. After negotiations have failed, your lawyer will make a formal complaint to the court against the defendant. A Complaint, the first official document of civil lawsuits, names all parties, describes the incident and lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. It typically takes approximately a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or acknowledges the allegations contained in the Complaint. During this phase, your lawyer can provide medical records, documents as well as other evidence in support of your case. The defendant's attorney will respond to these documents and the two sides will start further negotiations. If the parties are not able to reach an agreement the mediation or arbitration process could be required before your case goes to trial. However, a substantial portion of personal injury cases settle out of court. Your lawyer must first pay any businesses with liens on your monetary award through a specialized money escrow before distributing the check.