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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These cases often involve a person at fault (defendant) and an injured party known as the plaintiff. Your attorney will review your medical records, as well as other documents, to determine the totality and cost of your injuries and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in an injury lawsuit the courts award them funds to pay for their damages. The funds may be awarded as a lump sum or spread out over a time period, as part if the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are costs which can be listed and are measurable, such as medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keep Peoria injury lawyers in which you can record the way your injuries affected you. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, pain levels throughout the day as well as mental anxiety and your ability to do things you once took for granted. In many personal injury cases, more than one defendants are accountable. This is most common when a business or individual is guilty of criminal intent, fraud or gross negligence. The court can also award punitive damages to deter other people from acting in the same way. Once a lawsuit is filed, the defendants will receive a summons and complaint. They will then be required to respond, also known as an answer, within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed, the case enters a stage of fact-finding 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 file an injury lawsuit after the statute of limitations expires you could lose your right to recover damages. That's why it is important to speak with a personal injury lawyer about your case early even if you're not sure if the incident occurred before the deadline. A statute of limitations is a law in a state that sets a time limit on how long you can file an injury lawsuit. In the majority of states the statute of limitations begins on the date of the accident or incident that caused your injuries. The time limit for filing an injury lawsuit also depends on who you are seeking to sue. For instance, if you are seeking to sue a municipal government entity (such as a city or county), the deadline is shorter. There are certain circumstances that may change the statute of limitations in your particular case. For instance, if 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 the result of negligence. In certain instances minors are not subject to the statute of limitation. If you file a personal injury claim after the time limit has expired the defendant will likely inform the court and request the case to be dismissed. In this instance, the court will dismiss your claim summarily without a hearing. It is essential to contact an attorney for personal injuries as soon as you can to discuss your case and determine if you are eligible to file an official claim. Complaint A complaint is a legal formal document filed by a plaintiff that alleges an actionable cause and demands the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific time period. In general, a defendant will deny the claim. If the defendant does not respond, a default judgment could be entered in the petitioner's favor. Most personal injury claims involve actual bodily injury. Your attorney will ensure that you are compensated both for the medical bills you are currently paying and any future expenses. These include things like medication as well as home care and physical therapy. You may also be able to claim any loss in your quality of life that is resulted from your injury. This includes things such as the inability to walk, drive, or sleep normally. This type of damages is known as pain and suffering. When a complaint is filed when a complaint is filed, the court 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 prepare a Bill of Particulars. It is a thorough description of your injuries. It will include your losses including your current and future medical costs loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other damages that are not monetary that you are seeking. If your case is found to have probable cause you will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process starts with a summons and a complaint. The plaintiff file a complaint with the court and sends the defendant a copy via certified or registered post within a certain time frame. The defendant has to respond, or they risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in more specific detail. It could include photos of your injuries, medical bills, and lost wages. It may also include details of the accident and what the defendant is responsible for your harm. In the middle of a lawsuit called “discovery,” each party gets to ask questions and inspect evidence that is held by the other party. Your attorney will be important in this phase of negotiations since the defendant's representatives want full information before making settlement offers. Your lawyer can also request to have you examined by a doctor of their choosing in regard to the damages and injuries you're claiming. If you fail to attend, the court could dismiss your case. Or order that you pay for the defendant's examination costs. Once discovery and inspection are completed, lawyers on both sides can submit a document referred to as the “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then determine an appointment date for the trial. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not liable then the jury will deny your claim. Trial A personal injury claim involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. A lawsuit may also be filed for physical injuries such as discomfort and pain and loss of companionship. In the initial stages of your case, your lawyer will research your accident to fully understand the cause of the incident and the extent of your injuries. Then, he will negotiate with the insurance company of the at-fault company. Your lawyer will keep you up to current on any negotiations and important developments throughout the process. If negotiations fail and your lawyer has to submit a formal complaint to the court against the defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to him or her. This usually takes approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer is whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. In this stage your lawyer may submit documents, medical records and other evidence to support of your case. The lawyer for the defendant will provide a response to these documents, and the two sides will continue to negotiate. 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 significant percentage of personal injury cases are settled out of court. Your lawyer must first pay any company with liens on your monetary award through a specialized escrow fund before issuing you a check.