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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these situations, the defendant is usually the one who is who is at fault. The plaintiff is typically the injured party. Your attorney will review your medical records and other documents to understand the full extent of your injuries, costs and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury lawsuit the courts award them money to pay for their damages. The funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are those that can be quantified that can be listed for medical expenses and lost earnings. General damages are difficult to place a dollar value on, like suffering and suffering, as well as loss of enjoyment. Keep a journal to document the way your injuries affected your life. This will increase your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to perform activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is most common when a business or an individual commits reckless negligence, fraud, and criminal intention. The court can also award punitive damages to deter others from acting in the same way. The defendants receive a summons along with a complaint after the lawsuit has been filed. The defendants must respond (also called an answering) within 30 days. Typically, the defendants will contest the allegations made in the complaint. Once the answer is filed and the case is referred to as a fact-finding stage known as discovery. This is the time when the parties exchange pertinent information and evidence, as well as taking depositions under an oath. This stage takes up the majority of a personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you'll lose the right to damages. That's why it's crucial to talk to an attorney for personal injury about your case as early as possible even if you're not certain if the incident occurred before the deadline. Tallahassee injury lawsuits youtube.com of limitations is a state law that sets a deadline on the time you must make an injury lawsuit. In most states, the statute of limitations starts at the time of the incident or accident which caused your injuries. The time limit to file a lawsuit is dependent on the person you are suing. If you are suing an entity that is a part of the municipal government (such as city or county) the deadline will be shorter. In addition, there are certain situations that could alter the statute of limitations in your particular case. For instance, if were exposed to toxic substances or suffered medical negligence, the time limit may begin when you discover or should have discovered, that your injuries were the result of negligence. In certain cases, the statute of limitations is extended for minors. If you submit a claim for injury after the statute of limitations has expired, your defendant will likely tell the court about this and request to dismiss your claim. In this case the court will decide to dismiss your claim in a hurry without hearing. This is why it's important to speak with a seasoned personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal document filed by a plaintiff which alleges an action and demands legal relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant is then required to respond within a set time period. In general the event of a denial, the defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be granted for the petitioner. In the majority of cases, personal injury claims can result in bodily harm. Physical injuries can be extremely costly, and your attorney will work to ensure that you get paid for any existing medical bills, as well as any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. You can also claim any loss in quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as pain and suffering. When a complaint is filed and the court is notified, they will hold 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 draft the Bill of Particulars. It is a thorough description of your injuries. It will include all your losses, including the costs of your current and future medical bills, lost earnings, and property damage. Your lawyer will also describe the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you seek. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court lacks jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant via certified or registered mail within a certain timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the injuries and damages you've suffered more fully. This could include photos of your injuries, medical bills and lost wages. The document also contains details about the accident and how you believe the defendant is responsible for the damage. During the middle part of a lawsuit called “discovery,” each party gets to ask questions and inspect evidence held by the other party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, and your attorney will play a crucial role in negotiations during this phase. Your lawyer may also request to have you examined by a doctor of their choosing in regard to the damages and injuries you're claiming. If you do not take part, the judge may dismiss your case or order that you pay the defendant for their examination costs. After a discovery and inspection, attorneys on both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then decide the trial date. During the trial the jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is to blame, the jury may award you damages. If the defendant isn't accountable then the jury will dismiss your claim. Trial A personal injury claim can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. A lawsuit may also be filed for injuries that are not physical, such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the initial stages of the case to determine the exact cause and the extent of your injuries. He or she will then engage with the insurance company of the party at 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 a court against the defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, describes the incident, alleges wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. This usually takes a month. After service, the defendant has 30 days to “answer” the Complaint. The answer explains whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. At this point your lawyer could submit documents, medical records and other evidence to back your argument. The defendant's attorney will then reply to these documents, and then the two sides will begin negotiations. If the parties are unable to reach a settlement, mediation or arbitration may be required before your case goes to trial. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any companies that have liens on your award from a special escrow fund before issuing you the check.