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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 cases the defendant is typically the one who is responsible for the incident. The plaintiff is typically the injured party. Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins in a personal injury case, the court awards them money to pay for damages. The money can be awarded as an amount in one lump sum or spread out over a period of time or as part of the settlement is structured. These funds are referred to as compensatory damages. There are two kinds: general and special. Special damages are costs that can be itemized and are measurable like medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment, are more difficult to quantify. Writing down how your injuries have affected your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental stress and how injuries affect your ability to take part in the activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is most common when a person or business commits reckless negligence, fraud, and criminal intention. The court may also award punitive damages to deter other people from acting in the same way. The defendants receive a summons with an accusation once a lawsuit is filed. The defendants must submit a response (also called an answering) within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer has been filed, the case is moved to the phase of fact-finding, also known as discovery. Both parties will exchange information and evidence in this stage, including taking depositions. This is where you will find the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you'll lose the right to damages. It is crucial to speak with a personal injury attorney whenever you can even if you're not certain whether the incident occurred within the time frame. A statute of limitation is a law in a state that provides a time frame for filing a lawsuit. In most states the statute of limitations runs with the date of the incident or accident that led to your injuries. The time limit for filing an injury lawsuit also depends on the party you are seeking to sue. For example, if you are seeking to sue a municipal government agency (such as a county or city), the deadline is shorter. Additionally, there are certain situations that can change the statute of limitations in your situation. For instance, if you were exposed to toxic substances or suffered medical negligence The time limit may begin when you discover, or reasonably should have realized that your injuries were the result of negligence. In certain cases minors are exempt from the statute of limitations. If you file a personal injury claim after the statute of limitations has expired the defendant will most likely to inform the court and request the case to be dismissed. In this scenario the court will decide to dismiss your claim summarily without hearing. That's why it is important to speak with a seasoned personal injury lawyer early 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 declares a cause of action, and a demand for judicial relief. The complaint should also state the type of compensation that the plaintiff seeks. The defendant is then required to respond within a specific timeframe. The defendant is usually able to deny the claim. If the defendant does not respond, a default judgment may be entered in the petitioner's favor. Most personal injury claims are based on actual bodily injury. Boynton Beach injury lawyer can be very expensive, and your attorney will work to ensure you are compensated for any existing medical bills, as well as any anticipated future expenses. This includes things like medications as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life caused by your injuries. This includes things like the inability to walk, drive, or sleep normally. This type of damage is referred to as pain and suffering. When a complaint is made when a complaint is filed, the court will hold a preliminary meeting to set the date for mandatory physical and oral examinations as well as any document production. Following the conference, your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. This will include your losses including your current and future medical expenses as well as lost wages and property damage. Your lawyer will also outline the alleged emotional distress and disfigurement, the loss of enjoyment of life and any other damages that you're seeking. If your case is found to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy by certified or registered post within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the damages and injuries you've suffered more fully. It may include photographs of your injuries, medical bills, and lost wages. The document also includes information about the incident and how you think the defendant is accountable for the damage. In the middle of a lawsuit, also known as “discovery” the parties has the opportunity to ask questions and look over evidence provided by the other party. The defendant's representatives 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 take part, the judge may dismiss your case or order that you pay the defendant for their examination costs. After the discovery and inspection, attorneys on both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then set the trial date. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you sustained. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't accountable, the jury will deny your claim. Trial Personal injury claims can cover a broad variety of injuries, including wrongful death, emotional distress (libel or slander), and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed to address physical injuries, such as suffering and pain, as well as loss of companionship. In the beginning of your case your lawyer will conduct a thorough investigation of the accident to determine what occurred and the extent of your losses. He or she will then discuss the matter with the insurance company of the party at the fault. Your lawyer will stay in touch with you on any significant developments and negotiations throughout the process. Once negotiations have failed and your lawyer has to make a formal complaint to the court against the defendant. A Complaint, which is the first official document filed in a civil suit, identifies all parties, details the incident, and claims that there was wrongdoing. It also demands compensation. The complaint must be personally served and must be delivered physically to the defendant. It typically takes one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or admits the allegations in the Complaint. In this stage your lawyer will be able to submit documents, medical records and other evidence to support of your case. The defendant's lawyer will submit a response to these documents, and the two sides will continue to negotiate. If the parties are not able to reach a settlement the mediation or arbitration process could be required prior to your case goes to trial. A large portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any companies that have liens on the monetary settlement through a specific account in escrow before he/ will issue you an official check.