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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. In these cases, the defendant is usually the one who is at fault. The plaintiff is typically the party who is injured. Your lawyer will go through your medical records and other documents to assess 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 When a plaintiff wins an injury lawsuit the courts award them funds to cover their losses. The funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be quantified that can be itemized like medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify. Keep a journal in which you can record how your injuries impacted you. This increases your chances of receiving the most compensation for any non-economic losses. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to do things you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when an individual or business is guilty of the most blatant negligence, fraud and criminal intent. The court can also award punitive damages to deter other people from acting in the same way. The defendants are served with an order with a complaint after the lawsuit has been filed. They must respond or answer within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. This is the time when both parties will share relevant information and evidence, including taking depositions under the oath. This is 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 the right to collect damages. It is crucial to speak with an attorney in personal injury as soon as possible even if you're not sure whether the accident occurred before the time frame. A statute of limitations is a law of the state that establishes a deadline for filing lawsuits. In the majority of states the statute of limitations starts on the date of the accident or incident that caused your injuries. The deadline for filing a personal injury lawsuit also varies depending on the individual you are seeking to sue. For example, if you want to sue a municipal government entity (such as a county or city) the deadline is significantly shorter. Additionally, there are certain situations that could alter the statute of limitations in your particular case. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize 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 a personal injury claim after the statute of limitations has expired the defendant will likely inform the court and request the dismissal of your lawsuit. If this occurs, the court will dismiss your claim on the spot without hearing. It is essential to contact a personal injury lawyer as soon as you can to discuss your case and determine if you can make an official claim. Complaint A complaint is a formal legal document that is filed by a party that asserts a cause of action and seeks the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specific timeframe. In general the case, a defendant will deny the claim. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf. Most personal injury claims are based on actual bodily harm. Physical injuries can be very costly, and your attorney will ensure that you receive compensation for any current medical bills, as well as any future costs that are anticipated. These expenses include medications as well as home care and physical therapy. You may also be able to claim any loss in your quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is known as pain and suffering. The court will set up an initial conference once the complaint is filed. The court will schedule any mandatory oral or physical examinations, and also the production of any documents. Following the conference, your lawyer will prepare a Bill of Particulars. This is a thorough account of your injuries. It will include your losses including your future and current medical expenses, lost wages and property damage. Your lawyer will also detail the possible emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you're seeking. If your case is found to be 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 is not in jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff file the complaint with a court and sends a copy of the document to the defendant by certified or registered mail within a specific time frame. The defendant has to respond, or they 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 in greater detail. It may include photographs of your injuries, medical bills and lost wages. The document also contains details about the incident and how you think the defendant is responsible for the injury. During the middle part of a lawsuit called “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 will play an important role in negotiations during this stage. Your lawyer can also request that you are examined by a physician they select in relation to the damages or injuries you're seeking. If you do not take part, the judge may dismiss your case or order that you pay the defendant the costs of their examination. After discovery and inspection have been completed, attorneys on both sides may submit a document referred to as the “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide on the trial. During the trial the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not at fault then the jury will 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 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 conduct a thorough investigation of the accident to determine what occurred and the extent of your losses. The lawyer will then discuss the matter with the insurance company of the party at the fault. Your lawyer will keep you up to the minute on any negotiations or important developments throughout the process. If negotiations fail and your lawyer has to submit a formal complaint to the court against the defendant. Greenville injury lawsuit youtube.com is the initial official document in a civil suit that names the parties, explains the incident, argues for wrongdoing, and seeks compensation. The complaint must be served personally which means it must be delivered physically to the defendant. It usually takes about a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer is whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. In this phase your lawyer will provide medical records, documents and other evidence to support your argument. The defendant's lawyer will submit an answer to these documents, and the two sides will then engage in further discussions. If the parties are unable to reach an agreement, then mediation or arbitration may be required before a trial can take place. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have lien on your monetary award through a specialized escrow fund before issuing you a check.