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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these situations the defendant is typically the person at fault. The plaintiff is usually the injured party. Your attorney will review your medical records and other documents to assess the full extent of your injuries, costs and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff prevails in an injury lawsuit, the courts award them money to pay for their damages. These funds may be awarded in one lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds: special and general. Special damages are measurable costs that can be itemized for medical expenses and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keep a diary of the way your injuries have affected you your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anxiety, and how injuries affect your ability to participate in activities that you used to take for taken for granted. In many personal injury cases, more than one defendants are accountable. This is most common when a business or person acts with fraud, criminal intent or gross negligence. The court may also award punitive damages to deter others from acting in the same manner. The defendants will receive a summons along with an accusation once a lawsuit has been filed. The defendants are required to provide a response (also called an answer) within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer has been filed, the case is moved to an investigation known as discovery. The parties will share information and evidence in this stage including depositions. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations expires you could lose the right to collect damages. It is important to consult an attorney in personal injury as soon as you can, even if you're not sure whether the accident occurred within the timeframe. A statute of limitations is a law of the state that sets a time limit on the amount of time you must bring a lawsuit for injury. In most states, a statute of limitations starts on the date of the incident or incident led to your injuries. Vancouver injury lawsuits www.youtube.com for filing an injury lawsuit also depends on the party you are seeking to sue. For instance, if you are seeking to sue a municipal government entity (such as a county or city) the deadline is shorter. In addition there are certain circumstances that can change the statute of limitations in your case. For instance, if were exposed to toxic substances or suffered medical negligence, the time limit may begin when you realize or should have realized, that your injuries were the result of negligence. In certain instances, the statute of limitations is extended for minors. If you make an injury claim after the statute of limitation has expired the defendant will likely inform the court of this and request that your case be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. It is crucial to speak with a personal injury lawyer immediately to discuss your case to determine if you can make an official claim. Complaint A complaint is a formal legal document filed by a party that claims a cause of action and seeks legal relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a set time frame. In general, a defendant will deny the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. In most cases, personal injury claims are based on actual bodily injury. Physical injuries can be expensive, and your attorney will work to ensure you receive compensation for any current medical bills, as well as any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes things like being unable to walk, drive, or sleep normally. This kind of injury is known as suffering and pain. If a complaint is filed and the court is notified, they will convene a preliminary conference to set the date for obligatory oral and physical examinations as well as any document production. Your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life as well as any other damages that are not monetary that you're seeking. If the case is deemed to be a probable cause, your case will be scheduled for a public hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files the complaint with 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 injury attorney will file an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical expenses and lost wages. The document also contains details about the accident and how you believe the defendant is accountable for the injury. During the middle part of a lawsuit, also known as “discovery,” each party gets to ask questions and inspect evidence that is held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney plays a significant role in negotiations during this phase. Your lawyer may also request that you be examined by the doctor of their choice in relation to the injuries and damages you're claiming. If you don't attend, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs. After discovery and inspection, attorneys on both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then set the date for the trial. During the trial, the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is responsible the jury could award you damages. If the defendant is not accountable and the jury decides to deny your claim. Trial A personal injury case can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical like discomfort and pain and loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the early stages of the case to determine the exact cause and extent of your injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will keep you up-to the minute on any negotiations or significant developments during this process. If negotiations are unsuccessful the lawyer will file an official complaint in court against defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, describes the incident, argues for wrongdoing, and seeks compensation. The complaint must be served personally and must be handed over physically to the defendant. It typically takes a month. Once service is complete and the defendant is required to “answer” the Complaint within a specific time, which is usually 30 days. The answer will explain whether the defendant denies or accepts the allegations made in the Complaint. During this stage your lawyer could submit medical records, documents and other evidence to back your argument. The lawyer representing the defendant will submit a response to these documents and the two parties will continue to negotiate. If the parties are unable to come to an agreement the mediation or arbitration process could be required before your case is put to trial. However, a significant percentage of personal injury cases are settled out of court. Once a settlement is reached, your lawyer has to pay any companies that have lien on the money settlement through a specific escrow account before he or she will write you a check.