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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 usually the one who is who is at fault. The plaintiff is usually the injured party. Your attorney will review all medical records and other documentation, in order to determine the full extent and cost of your injuries and damage. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury case, the court gives the plaintiff money to pay damages. The funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are costs which can be listed and quantifiable like medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keep a journal in which you can record the way your injuries affected you. This will increase your chance of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels, and episodes of mental anguish and how your injuries affect your ability to engage in activities you once took for taken for granted. In many personal injury cases, more than one defendants are accountable. This is particularly true when an individual or business commits the most blatant negligence, fraud and criminal intention. The court may also award punitive damages to deter others from acting in a similar manner. After a lawsuit has been filed, the defendants will receive a summons and complaint. They are then required to submit a response or answer within 30 days. Usually, defendants deny the allegations in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. San Jose injury attorney will exchange information and evidence during this stage, including taking depositions. This phase takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out, you will likely lose the right to claim damages. It is crucial to speak with a personal injury attorney as soon as possible, even if you're not certain whether the incident occurred before the time frame. A statute of limitations is a state law which sets a time frame on how long you can bring a lawsuit for injury. In most states, a statute of limitations starts on the date of the incident or incident caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you are suing. If you want to sue an entity that is a part of the municipal government (such as city or county) the deadline will be much shorter. There are also certain situations that may change the time limit in your case. For example, if you were exposed to harmful substances or a victim of medical negligence, the time limit may begin when you realize or should have realized that your injuries were the result of negligence. In certain cases the statute of limitations may be tolled for minors. If you file a personal injury claim after the statute of limitations has expired the defendant will most likely inform the court and request your lawsuit to be dismissed. In this case the court will decide to dismiss your claim without hearing. It is essential to contact an attorney who specializes in personal injury immediately to discuss your case to determine if you have a legal claim. Complaint A complaint is a formal legal document that is filed by a party that claims a cause of action and seeks judicial relief. The complaint should also state the kind of compensation the plaintiff is seeking. The defendant must then respond within a specified timeframe. A defendant is likely to decline to respond. If the defendant fails to respond, default judgment can be entered in the petitioner's favor. In most cases, personal injury claims can result in bodily injury. Physical injuries can be extremely costly, and your attorney will work to ensure you are compensated for any existing medical bills and any future costs that are anticipated. These expenses include medications or home care as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is called suffering and pain. When a complaint is made when a complaint is filed, the court will convene a preliminary conference to set the date for the mandatory oral and physical examinations, as well as any document production. After the conference, your lawyer will prepare a Bill of Particulars. This is a detailed report of your injuries. It will include all of your losses, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will also outline the possible emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you seek. If the case is deemed to be probable cause your case will be scheduled for public hearing. If the complaint is dismissed because of a decision that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff file a complaint with the court and sends the defendant a copy via certified or registered post within a specified time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which details the injuries and damages you've suffered more fully. This could include photos of your injuries, medical expenses and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for the harm you suffered. During the middle phase of a lawsuit, referred to as “discovery” in which each party has the opportunity to ask questions and look over evidence presented by the opposing party. The defendant's representatives will need 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 ask that you are examined by a doctor they select in connection with the damages or injuries you're seeking. If you do not attend, the judge could dismiss your case or require that you pay the defendant the cost of their examination. After a discovery and inspection, attorneys on both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then determine an appointment date for the trial. During the trial, a jury will decide if the defendant is responsible for the accident and injuries. If the defendant is accountable and the jury awards you damages. If the defendant isn't liable, the jury will reject your claim. Trial A personal injury lawsuit involves a wide range of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed over physical injuries, such as the suffering of others and loss of companionship. In the early stages of your case, your lawyer will research your accident in order to fully comprehend the cause of the incident and the extent of your losses. He or she will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will keep you informed and up to date on any negotiations and significant developments throughout this process. If negotiations fail and your lawyer is unable to resolve the issue, he will file a formal complaint in the court against defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, claims that there was wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. It usually takes about a month. Once service is complete the defendant has to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer explains whether the defendant admits to the allegations made in the Complaint or denies them. During this phase your lawyer may submit medical records, documents as well as other evidence in support of your case. The attorney representing the defendant will then respond to these documents, and then the two sides will begin further negotiations. If the parties are unable to reach a settlement and mediation or arbitration might be required prior to your case is put to trial. However, a large percentage of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies that have lien on the award out of a special account for escrow before he or will issue you a check.