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How More Material are civil litigation over compensation for losses or injuries. These cases often involve a person at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through your medical records and other documentation, to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in an injury lawsuit, the courts award them funds to pay for their damages. These funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are the ones that can be quantified that can be itemized, such as medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment, are more difficult to quantify. Keep a journal in which you can record how your injuries impacted you. This increases your chances of receiving maximum compensation for noneconomic damages. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to complete things you used to take for granted. In many personal injury cases, multiple defendants are at fault. This is most common when a business or person acts with fraud, criminal intent, and gross negligence. The court can also award punitive damage to deter other people from doing the same thing. When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants are required to submit a response (also called an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. Both parties will exchange information and evidence during this stage, including taking depositions. This phase takes up the majority of the personal injury timeline. Statute of limitations If you make a claim for injury after the statute of limitation expires, it is possible that you will lose the right to damages. It is crucial to speak with an attorney in personal injury whenever you can even if you're not sure whether the accident occurred before the deadline. A statute of limitation is a law in a state that establishes a deadline for filing lawsuits. In many states, a statute of limitations begins the date that the accident or incident led to your injuries. The deadline to file a lawsuit for personal injury also depends on the person you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as the city or county) the deadline will be much shorter. In addition, there are certain situations which could change the statute of limitations in your 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 reasonably should have known that your injuries are the result of negligence. In some cases minors are not subject to the statute of limitations. If you file a personal injury claim after the time limit has expired, the defendant will most likely point this out to the court and request the case to be dismissed. In this instance the court will decide to dismiss your claim in a hurry without hearing. This is why it's important to consult an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a legal document filed by a plaintiff that alleges a cause of action and demands the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specific time frame. A defendant will usually deny the claim. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor. Personal injury claims are typically caused by bodily injury. Physical injuries can be extremely costly, and your attorney will work to ensure that you receive compensation for any current medical bills, as well as any future costs that are anticipated. These include things like medication, home care and physical therapy. You can also claim for any loss of quality of life that is caused by your injuries. This includes things such as the inability to walk, drive, or sleep normally. This type of damages is known as suffering and pain. If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to plan obligatory oral and physical examinations as well as any document production. Your lawyer will then prepare the 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 anticipated future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment and any other damages not monetary you are seeking. If the case is deemed to be probable cause your case will be scheduled for a public hearing. If your complaint is rejected because of a determination of no probable reason or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and a complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant by registered or certified mail within a specified time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which describes the injuries and damages you've suffered in greater detail. It may include photographs of your injuries, medical bills and lost wages. The document also includes information about the accident and how you believe the defendant is responsible for the damage. During the middle part of a lawsuit referred to as “discovery,” each party gets to ask questions and inspect evidence held by the other party. The defendant's representatives will need to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this phase. Your lawyer may also request to have you examined by a doctor of their choosing in relation to the damages and injuries you're claiming. If you do not attend, the judge may dismiss your case or order that you pay the defendant for the cost of their examination. After discovery and inspection, attorneys on both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then determine the trial date. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is at fault the jury could award you damages. If the defendant isn't accountable and the jury decides to deny your claim. Trial Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries like suffering and pain, as well as loss of companionship. In the initial stages of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your damages. The lawyer will then negotiate with the insurance company of the party who is at fault. Your lawyer will stay in touch with you on any significant developments and discussions throughout the entire process. If negotiations fail, your lawyer will submit a formal complaint to the court against the defendant. A Complaint, the first official document filed in a civil suit, identifies all parties, details the incident, and claims that there was wrongdoing. It also 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 one month. After service, the defendant has 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or acknowledges the allegations in the Complaint. In this stage your lawyer may submit documents, medical records and other evidence to support of your case. The lawyer representing the defendant will submit an answer to these documents and the two sides will engage in further negotiations. If the parties cannot come to an agreement, mediation or arbitration may be required prior to a trial can take place. However, a substantial portion of personal injury cases settle out of court. Once a settlement is reached, your lawyer must pay any companies with lien on the money settlement out of a separate account for escrow before he or she will write you an official check.