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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for losses or injuries. In Arvada injury attorneys You Tube is typically the person responsible for the incident. The plaintiff is typically the victim. Your lawyer will go through your medical records and other documentation, to determine the totality and cost of your injuries and the damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury lawsuit, the courts award them money to cover their losses. The money can be awarded as a lump sum or spread over a time period in a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are expenses which can be listed and quantifiable for example, medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of life are more difficult to quantify. Keep a journal to document how your injuries affected you. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to complete things you once took for granted. In a majority of personal injury cases, multiple defendants are accountable. This is especially common when a business or an individual commits reckless negligence, fraud, and criminal intent. The court may also make punitive damages in order to discourage others from acting in a similar manner. After a lawsuit has been filed the defendants will be served with a summons and complaint. They will then be required to submit a response, also known as an answer within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. The parties will exchange information and evidence during this stage including depositions. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you will lose the right to damages. It is important to consult an attorney for personal injuries as soon as possible even if you're unsure certain if the incident occurred before the deadline. A statute of limitations is a state law which provides a time frame for filing lawsuits. In most states the statute of limitations begins on the date on which the accident or incident led to your injuries. The time limit for filing a lawsuit for injury is dependent on the person you are suing. If you want to sue an entity of municipal government (such as city or county) the deadline is shorter. In addition, there are certain situations which could change the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases minors are exempt from the statute of limitation. If you make a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and request to dismiss your claim. In this instance the court will decide to dismiss your claim in a hurry without hearing. That's why it is important to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document filed by a party who asserts a cause of action and demands judicial relief. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specific time period. The defendant is usually able to reject the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. Personal injury claims are generally caused by bodily injury. Your lawyer will ensure that you receive compensation for your current medical bills and any future costs. These include things like medication as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is known as 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. After the conference your lawyer will draft a Bill of Particulars. This is a detailed account of your injuries. It will include your losses including your current and future medical costs, lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment, as well as any other damages not monetary you seek. If your case is determined to have 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 doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file the complaint with a court and sends a copy of the document to the defendant through certified or registered mail within a specific time frame. The defendant has to respond, or they risk a default judgement against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is responsible for your injuries. During the middle part of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and look over evidence that is held by the other party. The defendant's representatives will want to have complete information before making settlement offers, and your attorney will play a crucial role in negotiations during this stage. Your lawyer can also ask that you are examined by a doctor they choose in connection with the damages or injuries you're seeking. If you don't take part, the judge may dismiss your case or require that you pay the defendant for their examination costs. Once discovery and inspection are completed, attorneys on both sides can file something called the “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 decide a trial date. During the trial, the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't at fault and the jury decides to deny your claim. Trial A personal injury case can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit can also be filed for physical injuries such as discomfort and pain, as well as loss of companionship. In the beginning of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your losses. Then, he will work with the at-fault party's insurance company. Your lawyer will stay in contact with you regarding any significant developments and negotiations throughout the process. Once negotiations have failed and your lawyer has to submit a formal complaint to the court against the defendant. A complaint, the first official document filed in a civil suit, identifies all parties, outlines the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be served personally, which means that it must be delivered physically to the defendant. It typically takes a month. Once service is complete and the defendant is required to “answer” the Complaint within a set time frame, which is typically 30 days. The answer is whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. In this phase, your lawyer may submit medical records, documents and other evidence to back your case. The lawyer representing the defendant will respond to these documents and then the two sides will start negotiations. If the parties are not able to come to an agreement the mediation or arbitration process could be required before your case can go to trial. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any company that have lien on your monetary award from a specific escrow fund before issuing you an actual check.