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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. The cases typically involve a person at the fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records and other documentation to assess the full extent of your injuries, the costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Melbourne injury lawyer If a plaintiff prevails in a personal injury claim, the judge awards the plaintiff a sum of money to cover damages. The funds may be awarded as lump sums or spread out over a time period, as part if an agreed settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be categorized and are measurable for example, medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment are more difficult to quantify. Keep a diary of how your injuries have affected you can help improve your chance of winning maximum compensation for non-economic damages. This includes the effect on your relationships, daily pain levels mental stress and your ability to complete things you used to take for granted. In many personal injury cases, multiple defendants are responsible. This is most common when a person or business commits the most blatant negligence, fraud and criminal motives. The court can also make punitive damages in order to discourage others from committing the same way. After a lawsuit has been filed the defendants will be served with a summons and complaint. They must submit a response which is also known as an answer, within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is when both parties will share relevant information and evidence, as well as depositions under oath. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you will lose your right to receive damages. It is crucial to speak with an attorney for personal injuries whenever you can even if you're unsure sure whether the accident occurred within the time frame. A statute of limitations is a law of the state which sets a time frame on how long you must bring a lawsuit for injury. In the majority of states, the statute of limitations runs with the date of the incident or accident that led to your injuries. The time frame to file a lawsuit also depends on who you are seeking to sue. If you want to sue an entity of municipal government (such as city or county) the deadline will be shorter. There are other situations that may change the time limit in your case. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations could begin when you realize or ought to have known that your injuries are due to negligence. In certain cases, the statute of limitations may be extended for minors. If you file an injury claim after the time limit has expired the defendant will likely point this out to the court and request the dismissal of your lawsuit. In this case, the court will dismiss your claim summarily without hearing. This is why it's important to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which alleges a cause of action and demands legal relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a certain time frame. In general the event of a denial, the defendant will deny the claim. If the defendant does not respond, a default judgment could be made in favor of the petitioner. In the majority of cases, personal injury claims involve actual bodily injury. Your attorney will make sure that you get paid for medical bills currently incurred and any future expenses. These include things like medication, home care and physical therapy. In addition, you can claim for any loss of quality of life resulting from your injuries. This includes things like the inability to walk, drive, or sleep normally. This type of damages is known as pain and suffering. The court will call the preliminary conference after the complaint has been filed to schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will prepare a Bill of Particulars. It is a comprehensive report of your injuries. It will include all your losses, including the costs of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will also describe the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other damages that are not monetary you seek. If your case is found to be probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable reason or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit process begins with a summons as well as a 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 they risk a default judgement against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the injuries and damages suffered by you in greater detail. It could include photographs of your injuries, medical expenses and lost wages. The document also includes information about the incident and how you think the defendant is responsible for the harm. In the middle of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and look over the evidence of the other party. Your attorney is crucial in this phase of negotiations as the defendant's representatives want complete information prior to making settlement offers. Your lawyer can also request that you be examined by a doctor of their choosing in regard to the injuries and damages you're seeking. If you don't show up, the court may dismiss your case. Or, they may require that you pay for the doctor's examination costs. Once discovery and inspection are completed, lawyers on both sides may file something called 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 an appointment date for the trial. During the trial, the jury will determine if the defendant is responsible for the accident and the injuries you suffered. If the defendant is at fault, the jury may award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries like pain and suffering and loss of companionship. Your lawyer will conduct research on the accident during the beginning stages of the investigation to determine the exact cause and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party at fault. Your attorney will keep you up to current on any negotiations and significant developments throughout this process. After negotiations have failed, your lawyer will file a formal complaint in the court against the defendant. A Complaint, which is the first official document in a civil suit, lists all parties, outlines the incident and alleges wrongdoing. It also demands compensation. The complaint must be personally served, which means that it must be physically handed to the defendant. It usually takes about approximately a month. Once service is complete the defendant has to “answer” the Complaint within a set time, which is usually 30 days. The answer will tell you if the defendant denies or admits the allegations contained in the Complaint. At this point, your lawyer may submit medical records, documents and other evidence to support your argument. The lawyer representing the defendant will submit a response to these documents and the two parties will engage in further negotiations. If the parties are not able to reach a settlement the mediation or arbitration process could be required before your case is put to trial. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any company that have lien on your monetary award from a special escrow fund before issuing you an actual check.