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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these cases the defendant is typically the person responsible for the incident. The plaintiff is typically the injured party. Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins in a personal injury claim the court gives the plaintiff money to pay damages. The money can be awarded as a lump sum or spread 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 of compensatory damages: special and general. Special damages are those which can be listed and quantifiable, such as medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of life are more difficult to quantify. Keep a diary to record how your injuries affected you. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to perform things you used to take for granted. In a lot of personal injury cases, multiple defendants are at fault. This is particularly true when a person or business is guilty of the most blatant negligence, fraud and criminal motives. The court may also award punitive damages to discourage others from acting in the same way. Once a lawsuit is filed and the defendants are served with a summons and complaint. They must file a response which is also known as an answer within 30 days. Typically, defendants deny the allegations in the complaint. After the answer has been filed, the case is moved to a stage of fact-finding known as discovery. This is when the parties exchange pertinent information and evidence, as well as depositions under oath. This phase 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 the right to damages. It is crucial to speak with an attorney in personal injury as soon as you can even if you're unsure certain whether the incident occurred within the deadline. A statute of limitation is a law in a state that sets a deadline for filing an action. In many states the statute of limitations begins on the date of the incident or incident caused your injuries. The deadline for filing a lawsuit for personal injuries also varies depending on the individual you are seeking to sue. For Sandy Springs injury lawsuits youtube.com , if you would like to sue a local government entity (such as a county or city) the deadline is significantly shorter. There are also certain situations that could alter the statute of limitation in your particular case. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain instances minors are exempt from the statute of limitation. If you submit an injury claim after the statute of limitations has expired the defendant will likely inform the court of this and request to dismiss your claim. In this case the court will decide to dismiss your claim without hearing. It is essential to contact an attorney who specializes in personal injury immediately to discuss your situation and determine if you can make an official claim. Complaint A complaint is a legal document filed by a person who alleges a cause of action, and a demand for the judicial remedy. The complaint should also state the type of relief the plaintiff seeks. The defendant is then required to respond within a set time frame. In general the case, a defendant will reject the claim. If the defendant fails to respond, a default judgment could be entered in the petitioner's favor. Most personal injury claims involve actual bodily harm. Your lawyer will ensure that you are compensated both for your current medical bills and any future expenses. These costs include medical expenses, home care, and physical therapy. You can also claim any loss in quality of life caused by your injury. This includes things like the inability to drive, sleep or walk normally. This type of damages is known as suffering and pain. The court will set up an initial conference once a complaint has been filed. The court will schedule any mandatory oral or physical examinations, as well as the production of any documents. Following the conference your lawyer will draft an Bill of Particulars. It will provide a full description of your injuries. It will include all your losses including the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also describe the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. If the case is determined to be a probable cause, your case will be scheduled for a public hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant through registered or certified mail within a specific time frame. The defendant has to respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in greater specific detail. It could include photographs of your injuries, medical expenses and lost wages. The document will also contain information about the incident and how you believe the defendant is accountable for the damage. During the middle part of a lawsuit called “discovery,” each party gets to ask questions and look over evidence that is held by the other party. The defendant's representatives will need to have complete information before making settlement offers, so your attorney plays a significant role in negotiations during this time. Your lawyer can also request that you be examined by any doctor they choose in regard to the damages and injuries you're claiming. If you fail to take part, the judge may dismiss your case or order that you pay the defendant the cost of their examination. After a discovery and inspection, attorneys from both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then decide on a trial. During the trial, the jury will decide if the defendant was accountable for the accident and the injuries you suffered. If the defendant is to blame the jury could award you damages. If the defendant is not responsible, the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit could also be filed for injuries that are not physical such as pain and discomfort and loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what happened and the magnitude of your losses. Then, he or she will work with the at-fault party's insurance company. Your lawyer will keep you up to date on any negotiations and significant developments during this process. If negotiations fail, your lawyer will file an official complaint in the court against defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, alleges wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. This typically takes about a month. After service has been completed and the defendant is required to “answer” the Complaint within a specific date, which is usually 30 days. The answer explains whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. In this stage your lawyer may submit documents, medical records as well as other evidence in support of your case. The defendant's attorney will then respond to these documents and then the two sides will begin further negotiations. If the parties are not able to come to an agreement and mediation or arbitration might be required prior to your case is put to trial. However, a large percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer has to pay any companies that have liens on the monetary settlement out of a separate escrow account before he or will issue you an official check.