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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These cases often involve a person who is at fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will review your medical records along with other documentation, in order to determine the totality and cost of your injuries and damage. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury case, the court awards them money to pay for damages. These funds may be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be categorized, such as medical bills and lost earnings. General damages are harder to put a dollar amount on, like the suffering and pain, and the loss of enjoyment. Keep a diary to record how your injuries impacted you. This will increase your chance of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, pain levels throughout the day 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 especially true when a business or person commits criminal intent, fraud or gross negligence. The court can also give punitive damages to discourage others from acting in a similar way. The defendants receive a summons with a complaint after a lawsuit has been filed. They are then required to file a response or answer within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer has been filed, the case enters the phase of fact-finding, also known as discovery. The parties will exchange information and evidence during this stage and may even conduct depositions. This is where you will find the majority of time in a personal injury lawsuit timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out, you will likely lose the right to collect damages. It is essential to speak with an attorney for personal injuries as soon as possible, even if you're not certain if the incident occurred before the time frame. A statute of limitations is a state law that sets a time limit on the time you have to make an injury lawsuit. In most states, the statute of limitations starts at the time of the incident or accident that led to your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the individual you are seeking to sue. If you are suing an entity of municipal government (such as the city or county) the deadline will be much shorter. In addition there are certain circumstances that could alter the statute of limitations in your particular case. If you were exposed toxic substances or suffered from medical malpractice, for example, the statute of limitation can begin when you discover or reasonably should have known that your injuries are due to negligence. In certain cases the statute of limitations may be tolled for minors. If you file an injury claim after the time limit has expired, the defendant will most likely to inform the court and request your lawsuit to be dismissed. In this case the court will decide to dismiss your claim in a hurry without a hearing. That's why it is important to talk with an experienced personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a person who asserts a cause of action and seeks the judicial remedy. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a set timeframe. In general, a defendant will deny the claim. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor. Personal injury claims are typically based on actual bodily harm. Your lawyer will ensure that you get paid for your current medical bills as well as any future expenses. These include things like medication as well as home care and physical therapy. In addition, you can claim for any loss of quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as pain and suffering. The court will set up the preliminary conference after the complaint is filed. The court will schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will then prepare a Bill of Particulars. This is a detailed description of your injuries. It will include your losses including your current and future medical costs loss of wages, as well as property damage. Your lawyer will also detail the possible emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages 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 due to a finding of no probable reason or because the court is not in jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff submits a complaint to the court and sends the defendant a copy by certified or registered post within a certain time frame. The defendant must respond, or else risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries sustained by you in more depth. It could include photographs of your injuries, medical expenses and lost wages. It also includes details of the incident and the manner in which the defendant is responsible for your harm. In the middle of a lawsuit, called “discovery” in which each party is given the chance to ask questions and look over evidence held by the opposing party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, so your attorney will play an important role in negotiations during this phase. Your lawyer can also ask that you are examined by a doctor they select in relation to the injuries or damages you're claiming. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. After discovery and inspection, attorneys from both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then set an appointment date for the trial. During the trial the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is accountable and the jury awards you damages. If the defendant is not accountable and the jury decides to deny 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. In addition, lawsuits can also be filed to address non-physical injuries like suffering and pain, as well as loss of companionship. Your lawyer will conduct research on your accident in the initial stages of the case to determine the precise cause and extent of your injuries. He or she will then negotiate with the insurance company of the party at fault. Your attorney will keep you up to the minute on any negotiations or significant developments throughout this process. If negotiations are unsuccessful the lawyer will file an official complaint in a court against the defendant. A Complaint, which is the first official document of a civil suit, identifies all parties, outlines the incident, and claims that there was wrongdoing. It also demands compensation. Beaverton injury attorney must be personally served with the complaint, which means it must be delivered physically to the defendant. This usually takes around a month. After service has been completed and the defendant is required to “answer” the Complaint within a specified time, which is usually 30 days. The answer will tell you if the defendant denies or acknowledges the allegations in the Complaint. During this stage your lawyer will submit documents, medical records as well as other evidence to prove your argument. The attorney representing the defendant will then reply to these documents, and then the two sides will begin further negotiations. If the parties are unable to come to an agreement, mediation or arbitration may be required prior to your case goes to trial. A large portion of personal injury cases are settled out of court. When a settlement is reached, your lawyer has to pay any businesses that have lien on the settlement through a specific account in escrow before he/ she will write you an official check.