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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. The cases typically involve a person at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through your medical records and other documents to understand the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages If a plaintiff prevails in a personal injury case, the court gives them money to pay for damages. The funds may be awarded in an amount in one lump sum or spread out over a time period in an agreed settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are expenses that can be itemized and quantifiable like medical expenses and lost wages. General damages are harder to place a dollar value on, such as the suffering and pain, and the loss of enjoyment of life. Writing down the way your injuries have affected you 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 do things you once took for granted. In many personal injury cases, multiple defendants are accountable. This is especially common when a business or an individual commits the most blatant negligence, fraud and criminal intent. The court can also make punitive damages in order to discourage others from acting in the same manner. The defendants are served with a summons along with a complaint after a lawsuit has been filed. The defendants will be required to provide a response (also known as an answering) within 30 days. Usually, defendants will 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. The parties will exchange information and evidence during this phase and may even conduct depositions. This stage accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you make a claim for injury after the statute of limitation expires, it is likely that you'll lose the right to damages. That's why it is important to speak with a personal injury lawyer about your case as early as possible, even if you are not sure if the incident occurred before the deadline. A statute of limitations is a state law which sets a time frame on the time you have to bring a lawsuit for injury. In many states, the statute of limitations begins at the time of the accident or incident that caused your injuries. The deadline to file a lawsuit is dependent on the person 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 could alter the statute of limitations in your situation. For Little Rock injury attorneys , if you were exposed to harmful substances or suffered medical negligence The statute of limitations may start when you discover or ought to have discovered, that your injuries were caused by negligence. In certain instances, the statute of limitations is extended for minors. If you make an injury claim after the statute of limitations has expired, your defendant will likely inform the court about this and ask to dismiss your claim. In this scenario the court will decide to dismiss your claim summarily without hearing. This is why it's important to consult an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal document filed by a person who asserts a cause of action and demands legal relief. The complaint must also specify the type of compensation that the plaintiff seeks. The defendant is then required to respond within a certain time frame. A defendant is likely to deny the claim. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf. Personal injury claims are usually based on actual bodily harm. Your lawyer will ensure that you get paid for your current medical bills and any future expenses. These expenses include medication, home care, and physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as suffering and pain. If a complaint is filed and the court is notified, they will convene a preliminary conference to set the date for obligatory oral and physical examinations, as well as any document production. After the conference your lawyer will draft an Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses, including the costs of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment as well as any other non-monetary damages that you seek. If your case is deemed to have probable cause you 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 can appeal the decision. Summons The formal lawsuit process begins with a summons and a complaint. The plaintiff files a complaint with the court and then sends the defendant a copy via registered or certified mail within a certain time frame. The defendant must respond, or they risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries sustained by you in more depth. This could include photos 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 damage. In the middle of a lawsuit, called “discovery” the parties is able to ask questions and examine evidence provided by the other party. Your attorney is crucial during this stage of negotiations because the representatives of the defendants want complete information before they make settlement offers. Your lawyer can also request that you undergo an examination by any doctor they choose in relation to the injuries and damages you're claiming. If you fail to attend, the judge could dismiss your case or require that you pay the defendant the cost of their examination. After a discovery and inspection, attorneys on both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for 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 suffered. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not responsible and the jury denies your claim. Trial A personal injury case can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed over physical injuries, such as suffering and pain, as well as loss of companionship. Your lawyer will conduct research regarding your accident in the early stages of the case to determine the precise cause and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your lawyer will keep you up-to the minute on any negotiations or significant developments throughout this process. After negotiations are unsuccessful, your lawyer will file an official complaint in a court against the defendant. A Complaint is the first official document in a civil suit that identifies the parties, details the incident, alleges wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It usually takes about one month. Once service is complete and the defendant is required to “answer” the Complaint within a set time, which is usually 30 days. The answer is whether the defendant is willing to admit the allegations made in the Complaint or denies them. During this time, your lawyer can submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will then reply to these documents, and then the two sides will begin discussions. If the parties can't reach an agreement, then mediation or arbitration may be required before the trial can be held. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any companies that have lien on your monetary award from a special account before distributing a check.