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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these cases, the defendant is usually the one who is at fault. The plaintiff is usually the victim. Your attorney will review your medical records and other documents to determine the extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury case the judge will award the plaintiff money to pay damages. North Richland Hills injury lawsuit youtube.com can be awarded in an amount in one lump sum or spread out over a period of time or as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized, such as medical bills and lost earnings. General damages are more difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment. Keeping a journal detailing how your injuries have affected you can help improve the odds of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anguish and how injuries affect your ability to take part in the activities you used to take for granted. In many personal injury cases, more than one defendants are accountable. This is particularly true when a person or business commits gross negligence, fraud, and criminal intent. The court may also award punitive damages to deter others from acting in a similar way. The defendants receive a summons with a complaint once a lawsuit is filed. The defendants will be required to respond (also called an answer) within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. This is when both parties will share relevant information and evidence, including depositions under an oath. This stage takes up the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose your right to recover damages. It is important to consult an attorney in personal injury whenever you can even if you're unsure sure whether the accident occurred before the time frame. A statute of limitation is a law of the state that establishes a deadline for filing a lawsuit. In most states, a statute of limitations begins the date that the accident or incident led to your injuries. The time limit to file a lawsuit is dependent on the person 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 which could change the statute of limitation in your situation. For instance, if you were exposed to harmful substances or suffered medical malpractice the statute of limitations could begin when you realize or should have realized, that your injuries were the result of negligence. In certain instances minors are not subject to the statute of limitation. If you file an injury claim after the statute of limitations has expired the defendant will likely tell the court about this and request that your lawsuit be dismissed. In this instance the court will dismiss your claim in a hurry without a hearing. This is why it's important to speak with a seasoned 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 plaintiff that asserts an actionable cause, and a demand for the judicial remedy. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a certain time frame. The defendant is usually able to reject the claim. If the defendant does not respond to the claim, a default judgment could be granted in favor of the petitioner. Most personal injury claims can result in bodily harm. Physical injuries can be very expensive, and your lawyer will ensure that you are compensated for any existing medical bills, as well as any anticipated future expenses. These include things like medication as well as home care and physical therapy. You can also claim any loss in your quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is called suffering and pain. When a complaint is filed when a complaint is filed, the court will convene a preliminary conference to schedule the mandatory oral and physical examinations, as well as any document production. Following the conference, your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. It will include all your losses, including the costs of your current and future medical bills, lost earnings, and property damage. Your lawyer will also detail the possible emotional distress and disfigurement, the loss of enjoyment of life and any other damages that are not monetary you are seeking. If the case is found to be probable cause your case will be scheduled for a public hearing. If the complaint is dismissed because of a decision that there is no probable cause or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant through certified or registered mail within a certain timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which describes the damages and injuries you've suffered more fully. This could include photos of your injuries, medical bills and lost wages. It also contains details about the accident and what the defendant is responsible for your harm. In the middle of a lawsuit referred to as “discovery,” each party is allowed to ask questions and examine evidence held by the other party. The defendant's representatives will want to have all the facts before making settlement offers, and your attorney will play an important role in negotiations during this phase. Your lawyer may also request to have you examined by a doctor they choose in connection with the injuries or damages you're claiming. If you fail to attend, the judge may dismiss your case or order that you pay the defendant the cost of their examination. After discovery and inspection have been completed, the lawyers on each side can file something called the “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then determine a trial date. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is responsible, the jury will award you damages. If the defendant isn't at fault, the jury will reject your claim. Trial A personal injury claim involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries like the suffering of others and loss of companionship. In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your damages. The lawyer will then negotiate with the insurance company of the party at the fault. Your lawyer will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process. After negotiations have failed and your lawyer has to submit a formal complaint to the court against the defendant. A Complaint, which is the first official document filed in a civil suit, lists all parties, details the incident, and claims that there was wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. This typically takes about a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. At this point your lawyer could provide medical records, documents as well as other evidence to prove your argument. The attorney representing the defendant will then respond to these documents, and then the two sides will begin discussions. If the parties are not able to reach an agreement, mediation or arbitration may be required before your case is put to trial. A large portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any companies with lien on the money award out of a special escrow account before he or will issue you an official check.