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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these cases the defendant is typically the one who is at fault. The plaintiff is typically the injured party. Your attorney will review your medical records and other documents to determine the extent of your injuries, costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury lawsuit the court will award the plaintiff money to pay damages. Santa Clarita injury lawyer can be awarded in an amount in one lump sum or spread out over a period of time in an agreed settlement. These funds are known as compensatory damages. There are two kinds: special and general. Special damages are those that can be quantified that can be listed, such as medical bills and lost earnings. General damages are difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment of life. Keep a diary to record the way your injuries affected your life. This will increase your chance of receiving maximum compensation for noneconomic damages. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to do things you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is the most frequent scenario when a business or person is guilty of fraud, criminal intent or gross negligence. The court can also award punitive damages to deter others from acting in a similar manner. The defendants will receive a summons along with an accusation once a lawsuit is filed. The defendants must submit a response (also called an answer) within 30 days. Usually, the defendants deny the allegations in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will share information and evidence during this stage, including taking depositions. This stage accounts for 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 limitations expires, it is possible that you will lose the right to damages. It is important to consult an attorney in personal injury whenever you can even if you're not sure whether the accident occurred within the timeframe. A statute of limitations is a law in a state that provides a time frame for filing a lawsuit. In the majority of states, a statute of limitations begins the date that the accident or incident caused your injuries. The time limit to file a lawsuit also depends on who you are suing. For instance, if would like to sue a local government entity (such as a county or city) the deadline is significantly shorter. There are certain circumstances which could change the time limit in your particular case. For example, if you were exposed to harmful substances or suffered medical malpractice The statute of limitations may start when you realize or should have discovered, that your injuries were caused by negligence. In some cases minors are exempt from the statute of limitations. If you make a claim for injury after the statute of limitations has expired, your defendant will likely inform the court of this and request that your case be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. It is essential to contact a personal injury lawyer as soon as you can to discuss your situation and determine if you can make a legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which alleges an actionable cause and demands legal relief. The complaint should also state the kind of compensation the plaintiff seeks. The defendant is then required to respond within a set time frame. The defendant is usually able to decline to respond. If the defendant fails to respond, a default judgment could be made in favor of the petitioner. Personal injury claims are typically founded on bodily injury. Your lawyer will ensure that you are compensated both for the medical bills you are currently paying and any future expenses. These expenses include medication or home care as well as physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This type of damage is called pain and suffering. The court will schedule a preliminary conference when the complaint is filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. Your lawyer will then draft an Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered, including the costs of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also outline the grievous emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. If your case is determined to be a 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 does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant via registered or certified mail within a certain timeframe. The defendant must respond, or they risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. This may include photos of your injuries, medical bills and lost wages. It also contains details about the accident and what the defendant is accountable for your harm. During the middle part of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and look over the evidence of the other party. Your attorney will be important in this phase of negotiations since the defendant's representatives want full information before making settlement offers. Your lawyer can also request that you are examined by a doctor they choose for the damages or injuries you're seeking. If you do not show up, the court may dismiss your case. Or order that you pay for the doctor's examination costs. After discovery and inspection have been completed, attorneys on each side can submit a document referred to as the “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then determine a trial date. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is to blame, the jury may award you damages. If the defendant is not at fault then the jury will deny your claim. Trial Personal injury claims can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents like car crashes and falls. Additionally, lawsuits can also be filed over physical injuries, such as the suffering of others and loss of companionship. Your lawyer will conduct an investigation regarding your accident in the early stages of the investigation to determine the exact cause and the extent of your injuries. Then, he will negotiate with the insurance company of the at-fault company. Your lawyer will keep you up to the minute on any negotiations or significant developments during this process. Once negotiations have failed the lawyer will submit a formal complaint to 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 complaint must be served personally, which means that it must be handed over physically to the defendant. It typically takes approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations contained in the Complaint. At this point your lawyer could provide medical records, documents as well as other evidence to prove your argument. The lawyer representing the defendant will submit an answer to these documents, and the two sides will then engage in further discussions. If the parties can't come to an agreement, mediation or arbitration could be required before a trial can take place. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any companies with liens on your monetary award through a specialized money escrow before distributing a check.