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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. These cases often involve a party who is at the fault (defendant) and an injured party known as the plaintiff. Your attorney will examine your medical records and other documentation to assess the full extent of your injuries, the costs and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury case, the courts award them money to pay for their damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are those that can be quantified that can be listed for medical expenses and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment are more difficult to quantify. Keep a diary to record how your injuries affected your life. Montgomery injury lawsuits increases your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anguish and how your injuries affect your ability to engage in activities that you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is especially common when an individual or business is guilty of the most blatant negligence, fraud and criminal intention. The court may also make punitive damages in order to discourage others from acting in the same manner. When a lawsuit is filed, the defendants will receive a summons and complaint. They must submit a response, also known as an answer, within 30 days. Usually, defendants deny the allegations in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. This is the time when both parties will exchange relevant information and evidence, including depositions under oath. This phase takes up the majority of the timeline for personal injuries. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you will lose the right to damages. It is essential to speak with an attorney in personal injury as soon as possible even if you're not certain if the incident occurred within the time frame. A statute of limitation is a law in a state that provides a time frame for filing an action. In the majority of states, a statute of limitations begins the date that the accident or incident led to your injuries. The time frame for filing an injury lawsuit also depends on the party you are seeking to sue. For instance, if you would like to sue a local government entity (such as a county or city), the deadline is significantly shorter. Additionally there are certain circumstances that could alter the statute of limitations in your case. If you were exposed toxic substances or were the victim of medical malpractice, for example, the statute of limitation could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In some cases, the statute of limitations may be tolled for minors. If you file an injury claim after the time limit has expired the defendant will likely inform the court and request the dismissal of your lawsuit. In this instance 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 a legal claim. Complaint A complaint is a legal document filed by a person who declares an actionable cause, and a demand for legal relief. The complaint should also define the type of compensation that the plaintiff seeks. The defendant is then required to respond within a specific time period. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond, default judgment can be made in favor of the petitioner. In most cases, personal injury claims are based on actual bodily harm. 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, home care and physical therapy. You can also claim for any loss in quality of life that is caused by your injury. This includes things like being unable to walk, drive, or sleep normally. This kind of damage is known as pain and suffering. When a complaint is made and the court is notified, they 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 prepare a Bill of Particulars. It is a comprehensive account of your injuries. This will include the losses you have suffered including your current and future medical costs, lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment, as well as any other damages not monetary you're seeking. If your case is deemed to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant by registered or certified mail within a specific timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. This may include photos of your injuries, medical bills and lost wages. The document also includes information about the accident and how you believe the defendant is responsible for the damage. In the middle of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and examine evidence held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, and your attorney plays a significant role in negotiations during this time. Your lawyer can also request that you undergo an examination by a doctor of their choosing in relation to the damages and injuries you're claiming. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then set the date for a trial. During the trial the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is liable, the jury will award you damages. If the defendant isn't at fault, the jury will reject your claim. Trial A personal injury claim encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical like discomfort and pain and loss of companionship. In the beginning of your case, your lawyer will research your accident to fully understand what occurred and the extent of your losses. Then, he or she will work with the insurance company. Your attorney will keep you up-to date on any negotiations and important developments throughout the process. If negotiations fail, your lawyer will submit a formal complaint to court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, argues for wrongdoing and demands compensation. The complaint must be personally served which means it must be delivered physically to the defendant. This usually takes one month. After service is completed and the defendant is required to “answer” the Complaint within a specific date, which is usually 30 days. The answer is whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. During this stage your lawyer could submit documents, medical records as well as other evidence to prove your case. The defendant's lawyer will submit a response to these documents and the two sides will engage in further negotiations. If the parties are not able to reach an agreement the mediation or arbitration process could be required prior to your case goes to trial. However, a significant percentage of personal injury cases settle out of court. Your lawyer must first pay any company with liens on your monetary award from a specific escrow fund before issuing you an actual check.