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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. These lawsuits typically involve a person 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, costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury case the judge awards the plaintiff money to pay damages. The funds may be awarded as a lump sum or spread out over a time period in a structured settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are measurable costs that can be listed like medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment are more difficult to quantify. Keeping a journal detailing how your injuries have affected the odds of obtaining the most money for damages that are not economic. These include the effects 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 granted. In many personal injury lawsuits, there are multiple defendants. This is especially common when a business or an individual commits the most blatant negligence, fraud and criminal intention. The court can also award punitive damages to discourage others from engaging in the same manner. When a lawsuit is filed and the defendants are served with a summons and complaint. They are then required to file a response or answer within 30 days. Typically, defendants deny the allegations in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. This is when both parties will exchange relevant information and evidence, including taking depositions under the oath. This stage 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 limitation expires, it is possible that you'll lose your right to receive damages. This is why it's important to talk to an attorney who specializes in personal injury to discuss your case early on, even if you are not sure if the accident happened within the deadline. A statute of limitation is a state law which establishes a deadline for filing lawsuits. In the majority of states the statute of limitations begins with the date of the incident or accident which caused your injuries. The deadline to file a personal injury lawsuit is dependent on the person you're suing. If you are suing an entity of municipal government (such as a county or city) the deadline will be much shorter. In addition there are certain circumstances that could alter the statute of limitations in your case. If Green Bay injury lawyers have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations can begin when you discover or ought to have known that your injuries are due to negligence. In some cases minors are not subject to the statute of limitations. If you file an injury claim after the time limit has expired the defendant will likely point this out to the court and request the dismissal of your lawsuit. In this case, the court will dismiss your claim summarily without a hearing. It is important to consult an attorney for personal injuries as soon as you can to discuss your case to determine if you are eligible to file an official claim. Complaint A complaint is a legal formal document filed by a plaintiff which alleges an action and demands the judicial remedy. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specified timeframe. In general the case, a defendant will not respond to the claim. If the defendant fails to respond to the claim, a default judgment could be granted for the petitioner. In most cases, personal injury claims are based on actual bodily harm. Your lawyer will ensure that you are compensated both for the medical bills you are currently paying and any future costs. This includes things like medications or home care, as well as physical therapy. You can also claim for any loss of quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as suffering and pain. If a complaint is filed, the court will hold a preliminary conference to set the date for mandatory physical and oral examinations, as well as any document production. Your lawyer will then prepare a Bill of Particulars. It is a thorough description of your injuries. It will include all the losses you have suffered including the cost of your current and future medical expenses, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you are seeking. If the case is found to be a probable cause, your case will be scheduled for public hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff file 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 prepare a Bill of Particulars, which sets out the damages and injuries you've sustained more fully. It could include photos of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you think the defendant is responsible for the harm. In the middle of a lawsuit referred to as “discovery,” each party gets to ask questions and look over evidence held by the other party. The representatives of the defendant will want to have all the facts 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 choose in relation to the damages or injuries you're claiming. If you do not attend, the judge may dismiss your case or order that you pay the defendant their examination costs. After the discovery and inspection process is completed, the lawyers on both sides may file a document known as a “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then determine an appointment date for the trial. During the trial, a jury will decide if the defendant is at fault for the accident and your injuries. If the defendant is at fault and the jury awards you damages. If the defendant isn't accountable, the jury will reject your claim. Trial A personal injury lawsuit encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries such as suffering and pain, as well as loss of companionship. Your lawyer will conduct an investigation on the accident during the initial stages of the case to determine the precise cause and extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your lawyer will stay in touch with you on any significant developments and negotiations throughout the process. If negotiations fail, your lawyer will file an official complaint in the court against defendant. A Complaint, the first official document in a civil suit, lists all parties, describes the incident and alleges wrongdoing. It also demands compensation. The complaint must be served personally which means it must be handed over physically to the defendant. This usually takes around a month. Once service is complete, the defendant must “answer” the Complaint within a set time, which is usually 30 days. 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 will provide medical records, documents and other evidence to back your case. The defendant's attorney will respond to these documents, and then the two sides will begin discussions. If the parties are unable to reach a settlement, mediation or arbitration may be required prior to your case is put to trial. However, a significant percentage of personal injury cases settle outside of court. When a settlement is reached, your lawyer has to pay any companies with lien on the settlement through a specific escrow account before he or they can issue an official check.