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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 cases often 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 documentation to determine the 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 If a plaintiff is successful in a personal injury case the courts award them funds to pay for their damages. These funds can be awarded as lump sums or spread out over a period of time, as part if an agreed settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are the ones that can be quantified that can be itemized for medical expenses and lost earnings. General damages are harder to quantify a dollar amount on, like pain and suffering and loss of enjoyment of life. Writing down how your injuries have affected your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to complete things 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 gross negligence, fraud, and criminal intention. The court may also award punitive damage to deter other people from engaging in the same manner. When a lawsuit is filed the defendants will be served with a summons and complaint. They must submit a response, also known as an answer, within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed, the case is moved to an investigation known as discovery. This is where both parties will share relevant information and evidence, including taking depositions under an oath. This phase takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose your right to recover damages. It is crucial to speak with an attorney for personal injuries as soon as possible, even if you're not certain if the incident occurred before the timeframe. A statute of limitations is a law in a state that sets a deadline on the amount of time you have to make an injury lawsuit. In most states the statute of limitations starts at the time of the accident or incident which caused your injuries. The deadline for filing a lawsuit for personal injuries 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 the city or county), the deadline will be much shorter. In addition, there are certain situations that can change the statute of limitations in your particular case. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations can begin when you discover or ought to have known that your injuries are the result of negligence. In certain instances, minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and ask for the dismissal of your lawsuit. In Chicago injury lawyers will dismiss your claim in a hurry without hearing. It is crucial to speak with an attorney who specializes in personal injury immediately to discuss your case and determine if you can make a legal claim. Complaint A complaint is a formal legal document filed by a plaintiff that alleges an actionable cause and demands legal relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified time period. The defendant is usually able to reject the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor. Personal injury claims are usually caused by bodily injury. Physical injuries can be very expensive, and your lawyer will work to ensure you are compensated for any existing 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 caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is called pain and suffering. The court will set up a preliminary conference when the complaint has been filed. The court will schedule any mandatory oral or physical examinations, and also the production of any documents. Your lawyer will then prepare an Bill of Particulars. This is a detailed account of your injuries. This will include the losses you have suffered including your current and future medical expenses loss of wages, as well as property damage. Your lawyer will also outline the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you are seeking. If the case is found to be a probable cause the case will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable reason or because the court lacks authority, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff file a complaint with the court and then sends the defendant a copy by registered or certified mail within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in greater detail. It could include photographs 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, also known as “discovery” the parties is given the chance to ask questions and look over evidence held by the opposing party. Your attorney will be important in this stage of negotiations as the defendant's representatives want complete information prior to making settlement offers. Your lawyer can also request that you be examined by any doctor they choose in relation to the injuries and damages you're seeking. If you don't attend, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs. Once discovery and inspection are completed, the lawyers on both sides may file a document known as an “Notice of Issue and 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 decide whether the defendant is responsible for the accident and your injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant is not 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) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit can also be filed for non-physical injuries such as discomfort and pain and loss of companionship. In the initial stages of your case, your lawyer will research your accident in order to fully comprehend what occurred and the extent of your injuries. He or she will then engage with the insurance company of the party who is at fault. Your attorney will keep in touch with you about any significant developments and discussions throughout the entire process. After negotiations have failed the lawyer will file a formal complaint in court against the defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, outlines the incident and lays out allegations of wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. This usually takes around a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations in the Complaint. In this phase your lawyer will submit medical records, documents as well as other evidence to prove your argument. The defendant's attorney will then respond to these documents, and then the two sides will begin further negotiations. If the parties cannot reach an agreement, mediation or arbitration may be required prior to a trial can take place. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any company that have liens on your award from a special account before distributing a check.