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How Suggested Webpage are civil disputes involving compensation for losses or injuries. The cases typically involve a person at fault (defendant) and an injured party known as the plaintiff. 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 on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury claim, the court gives them money to pay for damages. These funds may 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 types of compensatory damages: specific and general. Special damages are those that can be quantified that can be listed like medical bills and lost earnings. General damages are difficult to place a dollar value on, like the suffering and pain, and the loss of enjoyment. Writing down the way your injuries have affected you your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to perform activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is especially common when a person or business is guilty of gross negligence, fraud, and criminal motives. The court may also award punitive damages to discourage others from engaging in the same manner. The defendants receive a summons along with a complaint once a lawsuit is filed. They must file a response which is also known as an answer within 30 days. Typically, defendants deny the allegations made in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. The parties will exchange information and evidence in this stage including depositions. This is the majority of the personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations expires, you will likely lose your right to recover damages. It is crucial to speak with an attorney for personal injuries whenever you can even if you're not certain if the incident occurred before the deadline. A statute of limitations is a law in a state that sets a deadline for filing lawsuits. In many states the statute of limitations starts at the time of the accident or incident which caused your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the individual you are seeking to sue. If you want to sue an entity that is a part of the municipal government (such as the city or county) the deadline will be much shorter. There are also certain situations that may change the time limit in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation could begin when you realize or ought to have known that your injuries are the result of negligence. In certain instances minors are not subject to the statute of limitation. If you make an injury claim after the statute of limitations has expired the defendant will likely tell the court about this and ask that your case be dismissed. In this scenario, the court will dismiss your claim without a hearing. It is essential to contact an attorney who specializes in personal injury as soon as possible to discuss your situation and determine if you are eligible to file an official claim. Complaint A complaint is an official legal document filed by a party that alleges a cause for action and seeks legal relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant is then required to respond within a set timeframe. A defendant is likely to deny the claim. If the defendant fails to respond, a default judgment could be made in favor of the petitioner. Most personal injury claims involve actual bodily harm. Your lawyer will ensure that you get paid for medical bills currently incurred and any future expenses. These expenses include medications as well as home care and physical therapy. You can also claim for any loss in your quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This type of damage is referred to as suffering and pain. When a complaint is filed, the court will hold a preliminary meeting to schedule the mandatory oral and physical examinations, as well as any document production. Your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered including the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment in life and any other non-monetary damages that you're seeking. If your case is found to be a probable cause, you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a specified time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the injuries and damages you've sustained more fully. This could include photos of your injuries, medical bills and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for your harm. In the middle of a lawsuit, called “discovery” the parties is given the chance to ask questions and examine evidence provided by the opposing party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, so your attorney plays a significant role in negotiations during this stage. Your lawyer may also request that you undergo an examination by the doctor of their choice in relation to the injuries and damages you're seeking. If you don't attend, the judge may dismiss your case or require that you pay the defendant their examination costs. After discovery and inspection have been completed, the lawyers on each side can file a document known as a “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 an appointment date for the trial. During the trial the jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is responsible, the jury may award you damages. If the defendant is not at fault and the jury decides to deny your claim. Trial A personal injury claim involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit could also be filed for physical injuries such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct an investigation regarding your accident in the initial stages of the case to determine the precise nature and severity of your injuries. Then, he or she will work with the insurance company. Your lawyer will keep you informed and up to current on any negotiations and significant developments during this process. After negotiations don't work the lawyer will file a formal complaint in the court against defendant. A complaint, the first official document filed in a civil suit, lists all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. It usually takes about approximately a month. Once service is complete and the defendant is required to “answer” the Complaint within a specific time frame, which is typically 30 days. The answer is whether the defendant admits to the allegations made in the Complaint or denies them. During this time your lawyer will be able to submit medical records, documents as well as other evidence in support of your case. The defendant's lawyer will submit a response to these documents and the two parties will then engage in further discussions. If the parties are not able to reach a settlement and mediation or arbitration might be required prior to your case goes to trial. However, a significant percentage of personal injury cases settle outside of court. When a settlement is reached, your lawyer must pay any companies with lien on the award out of a special escrow account before he or will issue you a check.