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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for losses or injuries. In these situations the defendant is typically the one who is responsible for the incident. The plaintiff is typically the injured party. Your attorney will examine your medical records and other documentation to determine the extent of your injuries, the costs and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury lawsuit, the judge awards them money to pay for damages. The money can be awarded as an amount in one lump sum or spread out over a time period in the settlement is structured. These funds are known as compensatory damages. There are two types: special and general. Special damages are expenses that can be itemized and quantifiable like medical expenses and lost wages. General damages are more difficult to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keeping a journal detailing how your injuries have affected your chance of winning the most money for damages that are not economic. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete things you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is most common when a business or individual commits criminal intent, fraud, and gross negligence. Palm Coast injury attorney can also award punitive damage to deter other people 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 submit a response, also known as an answer within 30 days. Typically, defendants deny the allegations in the complaint. After the answer has been filed, the case enters an investigation known as discovery. The parties will exchange information and evidence during this stage and may even conduct depositions. This is the stage that accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is likely that you'll lose your right to receive damages. It is essential to speak with an attorney for personal injuries as soon as you can even if you're unsure certain if the incident occurred before the timeframe. A statute of limitations is a law in a state that sets a time limit on how long you can bring a lawsuit for injury. In the majority of states, a statute of limitations starts on the date on which the accident or incident led to your injuries. The time frame for filing an injury lawsuit also depends on who you are suing. If you want to sue an entity that is a part of the municipal government (such as a county or city) the deadline will be shorter. There are also certain situations which could change the statute of limitation in your particular case. For example, if you were exposed to harmful substances or suffered medical negligence The statute of limitations could begin when you realize or ought to have realized, that your injuries were caused by negligence. In some cases minors are not subject to the statute of limitation. If you file an injury claim after the statute of limitations has expired the defendant will most likely to inform the court and ask for the dismissal of your lawsuit. In this instance, the court will dismiss your claim in a hurry without hearing. It is important to consult a personal injury lawyer as soon as possible to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is a legal document filed by a plaintiff which asserts an actionable cause, and a demand for legal relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a set time period. In general the case, a defendant will not respond to the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. Personal injury claims are usually founded on bodily injury. Physical injuries can be costly, and your attorney will work to ensure you receive compensation for any current medical bills as well as any future costs that are anticipated. These expenses include medications or home care as well as physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is known as suffering and pain. When a complaint is made 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. Following the conference, your lawyer will prepare an Bill of Particulars. It will provide a full description of your injuries. It will include your losses including your current and future medical expenses, lost wages and property damage. Your lawyer will also detail the alleged emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. If the case is determined to have probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file a complaint with the court and then sends the defendant a copy of the complaint via certified or registered post within a certain time frame. The defendant must respond, or they risk a default judgement against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the injuries and damages you've suffered in greater detail. It may include photographs 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. During the middle part of a lawsuit called “discovery,” each party is allowed to ask questions and look over evidence that is held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time. Your lawyer can also request that you undergo an examination by any doctor they choose in regard to the damages and injuries you're seeking. If you don't attend, the judge may dismiss your case, or demand that you pay the defendant for their examination costs. After the discovery and inspection process is completed, lawyers on both sides may file a document known as the “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide on the trial. During the trial, the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is responsible, the jury will award you damages. If the defendant is not accountable, the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm from accidents like car crashes and falls. In addition, lawsuits may also be filed over physical injuries, such as pain and suffering and loss of companionship. Your lawyer will conduct an investigation on your accident in the early stages of the investigation to determine the exact nature and severity of your injuries. He or she will then negotiate with the insurance company of the party at the fault. Your lawyer will stay in contact with you regarding any significant developments and negotiations throughout the process. If negotiations don't work the lawyer will file a formal complaint in a court against the defendant. A Complaint, which is the first official document in civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also 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 a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations in the Complaint. In this phase your lawyer will submit documents, medical records as well as other evidence to prove your argument. The defendant's lawyer will submit an answer to these documents and the two parties will engage in further negotiations. If the parties are unable to reach an agreement, then mediation or arbitration may be required before the trial can be held. However, a large percentage of personal injury cases are settled out of court. Your lawyer must first pay any company that have liens on your award through a specialized escrow fund before issuing you a check.