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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. In these situations 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 understand the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins a personal injury lawsuit the courts award them funds to cover their losses. The funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be quantified that can be listed like medical bills and lost earnings. General damages are more difficult to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment. Keep a diary to record the way your injuries affected you. This will increase your chances of receiving the most compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental stress and how your injuries affect your ability to take part in activities you once took for taken for granted. In many personal injury lawsuits there are multiple defendants. This is especially common when a business or an individual acts with gross negligence, fraud, and criminal motives. The court may also award punitive damage to discourage others from doing the same thing. When a lawsuit is filed and the defendants are served with a summons and complaint. They must respond, also known as an answer within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed the case will move to a fact-finding stage known as discovery. This is when the parties exchange pertinent information and evidence, as well as taking depositions under oath. This stage takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it is possible that you will lose the right to damages. This is why it's important to speak with an attorney for personal injury about your case early on even if not certain if the incident occurred before the deadline. A statute of limitation is a state law which sets a deadline for filing lawsuits. In most states the statute of limitations begins on the date of the incident or incident led to your injuries. The time frame for filing a lawsuit for injury also depends on the party you are suing. If you intend to sue an entity that is a part of the municipal government (such as a county or city) the deadline will be much shorter. In addition there are certain circumstances that could alter the statute of limitations in your case. If you were exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations may begin when you discover or reasonably should have known that your injuries are due to negligence. In certain instances the statute of limitations can be extended for minors. If you submit a claim for injury after the statute of limitations has expired, your defendant will likely inform the court of this and request that your lawsuit be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without hearing. That's why it is important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document that is filed by a person who asserts a cause of action and demands judicial relief. The complaint must also specify the type of compensation that the plaintiff seeks. The defendant must then respond within a specific time period. A defendant is likely to reject the claim. If the defendant fails to respond, a default judgment may be entered for the petitioner. In the majority of cases, personal injury claims are based on actual bodily harm. Physical injuries can be very expensive, and your lawyer will work to ensure that you are compensated for any existing medical bills, as well as any anticipated future expenses. These include things like medication, home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as pain and suffering. The court will call a preliminary conference when the complaint is filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will prepare the Bill of Particulars. It is a thorough description of your injuries. It will include all of your losses which include the cost of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment as well as any other damages not monetary you're seeking. If the case is deemed to be a probable cause the case will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision that there is no probable cause, or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via registered or certified mail within a certain time frame. The defendant must respond or risk default judgment against them. Clovis injury attorney YouTube will file a Bill of Particulars, which describes the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical expenses and lost wages. It may also include details of the accident and what the defendant is accountable for your injuries. During the middle part of a lawsuit referred to as “discovery,” each party gets to ask questions and examine evidence that is held by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, therefore your attorney will play an important role in negotiations during this time. Your lawyer can also request to see you by a doctor they choose for the injuries or damages you're seeking. If you don't attend, the court may dismiss your case. Or, they may require that you pay for the defendant's examination costs. Once discovery and inspection are completed, the lawyers on both sides can file something called an “Notice of Issue” and a “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 decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is to blame, the jury may award you damages. If the defendant is not responsible then the jury will dismiss your claim. Trial Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful death (libel or slander) and physical injury from accidents, such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like pain and suffering and loss of companionship. In the beginning of your case your lawyer will conduct a thorough investigation of the accident to determine the cause of the incident and the extent of your damages. Then, he will work with the insurance company. Your lawyer will keep you up to the minute on any negotiations or significant developments during this process. If negotiations fail, your lawyer will file a formal complaint in court against the defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, describes the incident, argues for wrongdoing and demands compensation. The complaint must be served personally and must be handed over physically to the defendant. It typically takes approximately a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or denies them. At this point your lawyer could submit medical records, documents and other evidence to back your case. The defendant's attorney will then respond to these documents, and then the two sides will start further negotiations. If the parties cannot reach an agreement, mediation or arbitration may be required before a trial can take place. However, a large percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have liens on your award from a specific account before distributing the check.