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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. In these cases the defendant is usually the person responsible for the incident. The plaintiff is usually the party who is injured. Your attorney will examine your medical records and other documents to assess the full extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury case, the courts award them funds to cover their losses. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds: general and special. Special damages are the ones that can be quantified that can be listed, such as medical bills and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment of living, are more difficult to quantify. Keep a journal to document how your injuries impacted your life. This will increase your chance of receiving the most compensation for any non-economic losses. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to perform things you used to take for granted. In a majority of personal injury cases, multiple defendants are at fault. This is most common when an individual or business acts with reckless negligence, fraud, and criminal motives. The court can also give punitive damages to discourage others from acting in a similar manner. The defendants receive a summons with a complaint once a lawsuit has been filed. The defendants will be required to provide a response (also called an answer) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case will enter a fact-finding stage known as discovery. This is when both parties will exchange relevant information and evidence, as well as taking depositions under the oath. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose your right to recover damages. It is essential to speak with an attorney for personal injuries as soon as 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 on the time you have to file an injury lawsuit. In many states the statute of limitations starts with the date of the accident or incident that caused your injuries. The deadline for filing a personal injury lawsuit also varies depending on the individual you are suing. If you want to sue an entity of municipal government (such as city or county), the deadline will be much shorter. There are also certain situations which could change the time limit in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for instance, the statute of limitation may begin when you discover or ought to have known that your injuries are the result of negligence. In certain instances, the statute of limitations can be extended for minors. If you file an injury claim after the statute of limitations has expired, your defendant will likely tell the court about this and request that your lawsuit be dismissed. In this case the court will decide to dismiss your claim summarily without a hearing. It is essential to contact a personal injury lawyer immediately to discuss your case and determine if you are eligible to file a legal claim. Complaint A complaint is a legal document filed by a person who asserts an actionable cause and demands legal relief. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant must then respond within a specified time frame. A defendant will usually decline to respond. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. Most personal injury claims are based on actual bodily injury. Your attorney will make sure that you get paid for your current medical bills and any future expenses. This includes things like medications, home care and physical therapy. You can also claim any loss in your quality of life caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is known as suffering and pain. The court will schedule a preliminary conference when a complaint has been filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. Following the conference your lawyer will draft an Bill of Particulars. This is a thorough description of your injuries. It will include all your losses which include the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in life and any other non-monetary damages that you are seeking. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court is not in authority, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant by registered or certified mail within a certain timeframe. The defendant must respond or risk default judgment against them. Eugene injury lawyer You Tube will prepare a Bill of Particulars, which details the damages and injuries you've sustained more fully. It could include photographs of your injuries, medical expenses and lost wages. The document will also contain information about the incident and how you think the defendant is accountable for the harm. During the middle phase of a lawsuit, also known as “discovery” the parties has the opportunity to ask questions and examine evidence provided by the other party. The defendant's representatives will need 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 can also request that you be examined by the doctor of their choice in relation to the damages and injuries you're claiming. If you fail to take part, the judge may dismiss your case, or demand that you pay the defendant their examination costs. After the discovery and inspection process is completed, the lawyers on both sides may submit a document referred to as a “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then set the date for the trial. During the trial the jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't responsible and the jury denies your claim. Trial A personal injury case can result in a variety of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit could also be filed for non-physical injuries, such as pain and discomfort and loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand what happened and the magnitude of your losses. The lawyer will then engage with the insurance company of the party who is at fault. Your attorney will keep in touch with you on any significant developments and negotiations throughout the process. After negotiations don't work, your lawyer will file an official complaint in court against defendant. A complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. It usually takes about approximately a month. Once service is complete the defendant has to “answer” the Complaint within a specified time, which is usually 30 days. The answer is whether the defendant is willing to admit the allegations in the Complaint or denies them. During this phase your lawyer will be able to submit documents, medical records, and other evidence in support of your case. The defendant's attorney will respond to these documents and the two sides will begin discussions. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to your case can go to trial. A large portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer has to pay any companies that have lien on the settlement out of a separate account in escrow before he/ they can issue an official check.