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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 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 help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case the court will award the plaintiff a sum of money to cover damages. The funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those which can be listed and quantifiable for example, medical expenses and lost wages. General damages are difficult to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keep a diary of the way your injuries have affected you the odds of obtaining maximum compensation for non-economic damages. St. Charles injury lawsuits includes the impact on your relationships, daily pain levels mental stress and your ability to do activities you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is most common when a business or person is guilty of criminal intent, fraud, and gross negligence. The court can also award punitive damage to deter other people from acting in the same way. When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants are required to respond (also called an answering) within 30 days. Typically, defendants deny the allegations made in the complaint. Once the answer is filed and the case is referred to as an investigation stage, known as discovery. Both parties will exchange information and evidence during this stage and may even conduct depositions. This stage accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is likely that you will lose the right to damages. It is important to consult an attorney in personal injury whenever you can, even if you're not certain whether the incident occurred before the deadline. A statute of limitations is a state law which provides a time frame for filing lawsuits. In many states the statute of limitations begins at the time of the incident or accident that led to your injuries. The deadline to file a lawsuit for personal injury also depends on the individual you are suing. If you intend to sue an entity that is a part of the municipal government (such as city or county) the deadline will be much shorter. There are also certain situations that may change the time limit in your situation. For instance, if you were exposed to harmful substances or a victim of medical malpractice, the statute of limitations could begin when you discover, or reasonably should have realized, that your injuries were caused by negligence. In some cases minors are not subject to the statute of limitations. If you file an injury claim after the statute of limitations has expired the defendant will likely point this out to the court and request your lawsuit to be dismissed. If this happens, the court will summarily dismiss your claim without hearing. This is why it's important to speak with a seasoned personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal formal document filed by a plaintiff that asserts an action, and a demand for legal relief. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. A defendant is likely to decline to respond. If the defendant fails to respond to the claim, a default judgment could be granted in favor of the petitioner. In most cases, personal injury claims can result in bodily harm. Your lawyer will ensure that you get paid for medical bills currently incurred and any future costs. These costs include medical expenses as well as home care and physical therapy. You can also claim for any loss in 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 call a preliminary conference when a complaint has been filed to schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then prepare the Bill of Particulars. This is a detailed description of your injuries. It will include all your losses which include the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment, as well as any other damages not monetary you seek. If the case is determined to be probable cause the case will be scheduled for a public 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 the court and then sends a copy of the document to the defendant via registered or certified mail within a specified timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which details the injuries and damages you've suffered in greater detail. It could include photos of your injuries, medical bills, and lost wages. It also contains details about the accident and how the defendant is responsible for the harm you suffered. In the middle of a lawsuit, also known as “discovery,” each party is allowed to ask questions and look over the evidence of the other party. The defendant's representatives will need to have all the facts before making settlement offers, so your attorney will play an important role in negotiations during this stage. Your lawyer can also request to see you by a doctor they choose in relation to the damages or injuries you're claiming. If you don't attend, the judge could dismiss your case or order that you pay the defendant for the costs of their examination. Once discovery and inspection are completed, attorneys on both sides can submit a document referred to as a “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then decide on the trial. During the trial the jury will determine if the defendant is at fault for the accident and injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't responsible and the jury denies your claim. Trial A personal injury lawsuit encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed for non-physical injuries like suffering and pain, as well as loss of companionship. In the initial stages of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your losses. He or she will then engage with the insurance company of the party at the fault. Your attorney will keep in contact with you regarding any significant developments and negotiations throughout the entire process. If negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in a court against the defendant. A complaint is the first official document in a civil suit that identifies the parties, details 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 the defendant. This usually takes approximately a month. After service is completed the defendant has to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer is whether the defendant admits to the allegations made in the Complaint or denies them. In this stage your lawyer will be able to provide medical records, documents and other evidence to support of your case. The lawyer for the defendant will provide an answer to these documents, and the two sides will continue to negotiate. If the parties are not able to reach a settlement the mediation or arbitration process could be required prior to your case can go to trial. A significant portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the money settlement out of a separate escrow account before he or they can issue a check.