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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. These lawsuits typically involve a person at fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through your medical records and other documents to assess the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury lawsuit, the courts award them funds to cover their losses. The money can be awarded as a lump sum or spread out over a period of time in a structured settlement. Laguna Niguel injury attorneys are referred to as compensatory damages. There are two types: special and general. Special damages are those that can be itemized and quantifiable for example, medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify. Keep a diary to record how your injuries impacted your life. This increases your chances of receiving maximum compensation for noneconomic damages. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete activities you used to take for granted. In a lot of personal injury cases, multiple defendants are at fault. This is the most frequent scenario when a person or business acts with criminal intent, fraud or gross negligence. The court can also give punitive damages to discourage others from committing the same way. The defendants will receive an order with a complaint once the lawsuit has been filed. The defendants will be required to provide a response (also called an answer) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will exchange information and evidence during this phase and may even conduct depositions. This phase takes up the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to claim damages. It is crucial 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 limitation is a law of the state that sets a deadline for filing a lawsuit. In most states the statute of limitations begins the date that the accident or incident led to your injuries. The time frame for filing a lawsuit for injury also depends on who you are seeking to sue. For instance, if you would like to sue a local government agency (such as a city or county), the deadline is significantly shorter. There are also certain situations that may change the statute of limitation in your situation. If you have been exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations may begin when you discover or ought to have known that your injuries are due to negligence. In certain instances minors are not subject to the statute of limitations. If you file a claim for injury after the statute of limitation has expired the defendant will likely inform the court about this and ask that your case be dismissed. If this happens, the court will summarily dismiss your claim without 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 alleges a cause for action and demands judicial relief. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a certain timeframe. A defendant is likely to decline to respond. If the defendant does not respond, a default judgment could be made in favor of the petitioner. Personal injury claims are usually based on actual bodily harm. Physical injuries can be expensive, and your attorney will ensure that you receive compensation for any current medical bills as well as any future expenses you anticipate. This includes things like medications as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things such as the inability to drive, sleep or walk normally. This kind of injury is called pain and suffering. The court will set up an initial conference once the complaint has been filed. This will be used to schedule any required oral or physical examinations and also the production of any documents. Your lawyer will then prepare the Bill of Particulars. It is a thorough description of your injuries. It will include your losses including your future and current medical expenses loss of wages, as well as property damage. Your lawyer will also outline the grievous emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. If the case is deemed to be a probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause, or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff files the complaint with a court and sends a copy of the document to the defendant through registered or certified mail within a specified timeframe. The defendant has to respond, or else risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in more detail. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information about the accident and how you believe the defendant is accountable for the damage. In the middle of a lawsuit, called “discovery”, each party has the opportunity to ask questions and review evidence presented by the other party. Your lawyer will be crucial during this stage of negotiations since the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer can also ask to have you examined by a doctor of their choosing in relation to the injuries and damages you're claiming. If you fail to take part, the judge may dismiss your case, or demand that you pay the defendant the costs of their examination. After a 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 prepared to go to trial. The judge will then schedule a 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 liable for the accident, the jury will award you damages. If the defendant isn't at fault then the jury will deny your claim. Trial A personal injury claim involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries like pain and suffering and loss of companionship. In the early stages of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your injuries. He or she will then discuss the matter with the insurance company of the party at the fault. Your attorney will keep you informed and up to date on any negotiations and significant developments during this process. After negotiations fail, your lawyer will file an official complaint in the court against defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, argues for wrongdoing, and requests compensation. The complaint must be personally served which means it must be handed over physically to the defendant. It usually takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations contained in the Complaint. During this time your lawyer will be able to submit documents, medical records, and other evidence in support of your case. The attorney representing the defendant will respond to these documents, and then the two sides will begin further negotiations. If the parties are unable to reach a settlement and mediation or arbitration might be required before your case can go to trial. However, a substantial portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies that have liens on the monetary settlement through a specific account for escrow before he or they can issue an official check.