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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 the fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through all medical records and other documentation, in order to determine the totality and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company for you. Yorba Linda injury lawsuits www.youtube.com If a plaintiff prevails in a personal injury case the courts award them money to cover their losses. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are costs that can be itemized and quantifiable, such as medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment, are more difficult to quantify. Keep a journal to document how your injuries impacted your life. This increases your chances of receiving maximum compensation for any non-economic losses. These include the effects on your relationships, your daily pain levels and bouts of mental anguish and how injuries affect your ability to take part in activities you once took for taken for granted. In a lot of personal injury cases, more than one defendants are at fault. This is the most frequent scenario when a person or business is guilty of fraud, criminal intent, and gross negligence. The court can also award punitive damage to discourage others from doing the same thing. When a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to respond, also known as an answer, within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer is filed, the case moves to the phase of fact-finding, also known as discovery. This is the time when both parties will exchange relevant information and evidence, as well as taking depositions under oath. This stage takes up the majority of the personal injury timeline. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is possible that you'll lose the right to damages. It is crucial to speak with an attorney in personal injury 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 that establishes a deadline for filing lawsuits. In the majority of states the statute of limitations starts on the date of the incident or accident that led to your injuries. The time limit to file a lawsuit also depends on the party you are suing. For instance, if you would like to sue a local government agency (such as a city or county) the deadline is much shorter. There are also certain situations that may change the time limit in your situation. For instance, if you were exposed to toxic substances or suffered medical malpractice, the statute of limitations could begin when you discover, or reasonably should have discovered, that your injuries were the result of negligence. In some cases, minors are exempt from the statute of limitations. If you make a claim for injury after the statute of limitation has expired, your defendant will likely inform the court about this and request that your case be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without hearing. This is why it's crucial to talk with an experienced personal injury lawyer early on 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 party that alleges a cause for action and demands legal relief. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant must then respond within a certain time frame. In general, a defendant will reject the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner. Most personal injury claims involve actual bodily harm. Your attorney will make sure that you receive compensation for the medical bills you are currently paying as well as any future expenses. These expenses include medications, home care, and physical therapy. In addition, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things like being unable to drive, sleep or walk normally. This kind of injury is known as suffering and pain. The court will schedule the preliminary conference after the complaint has been 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 the losses you have suffered which include the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also describe the alleged emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you are seeking. If the case is found to have probable cause, your case will be scheduled for public hearing. If your complaint is rejected due to a determination of no probable cause or because the court is not in authority, you can appeal the decision. Summons The formal lawsuit begins with 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 specified time. The defendant has to respond or risk a default judgement against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in more depth. This may include photos of your injuries, medical expenses and lost wages. The document also includes information about the accident and how you believe the defendant is accountable for the injury. In the middle of a lawsuit, called “discovery” in which each party is given the chance to ask questions and examine evidence provided by the opposing party. Your lawyer will be crucial in this stage of negotiations as the defendant's representatives want full information before making settlement offers. Your lawyer may also request to see you by a physician they select in relation to the damages or injuries you're claiming. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. Once discovery and inspection are completed, attorneys on each side can file a document known as a “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then schedule the trial. During the trial the jury will decide if the defendant is responsible for the accident and your injuries. If the defendant is to blame, the jury may award you damages. If the defendant isn't accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander) and physical injury from accidents, such as car crashes and falls. A lawsuit may also be filed for physical injuries, such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct an investigation on the accident during the initial stages of the investigation to determine the exact cause and the extent of your injuries. He or she will then negotiate with the insurance company of the party who is at fault. Your attorney will keep in contact with you regarding any significant developments and will also negotiate throughout the process. After negotiations fail the lawyer will file an official complaint in a court against the defendant. A Complaint is the first official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. It usually takes about a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations made in the Complaint. During this stage, your lawyer may submit medical records, documents and other evidence to back your case. The attorney representing the defendant will respond to these documents and the two sides will start negotiations. If the parties cannot reach an agreement, mediation or arbitration could be required before a trial can take place. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award through a specialized money escrow before distributing a check.