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How Bethlehem injury lawyers is a civil dispute regarding compensation for financial losses and losses. In these cases the defendant is typically the one who is at fault. The plaintiff is typically the party who is injured. Your lawyer will go through your medical records and other documents to understand the full extent of your injuries, costs and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury case, the court awards them money to pay for damages. The funds may be awarded in an amount in one lump sum or spread out over a time period or as part of an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be itemized and are measurable, such as medical expenses and lost wages. General damages are more difficult to put a dollar amount on, like pain and suffering and loss of enjoyment of life. Keeping a journal detailing how your injuries have affected you can help improve your chances of obtaining the most money for damages that are not economic. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete activities you used to take for granted. In a majority of personal injury cases, more than one defendants are accountable. This is especially true when a business or person commits criminal intent, fraud, and gross negligence. The court can also make punitive damages in order to discourage others from acting in the same manner. The defendants receive a summons with an accusation once a lawsuit has been filed. The defendants will be required to provide a response (also called an answer) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed, the case is moved to an investigation known as discovery. The parties will exchange information and evidence during this phase and may even conduct depositions. This is where you will find the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations has expired you could lose the right to collect damages. It is important to consult an attorney for personal injuries whenever you can even if you're not certain if the incident occurred within the deadline. A statute of limitations is a state law that sets a time limit on how long you must bring a lawsuit for injury. In most states, a statute of limitations begins the date that the accident or incident caused your injuries. The deadline to file a lawsuit for personal injury also depends on the person you're suing. For example, if you are seeking to sue a municipal government entity (such as a county or city), the deadline is significantly shorter. In addition there are certain circumstances which could change the statute of limitations in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations can begin when you discover or reasonably should have known that your injuries are due to negligence. In some cases, the statute of limitations is tolled for minors. If you file an injury claim after the time limit has expired, the defendant will most likely inform the court and ask for your lawsuit to be dismissed. In this scenario, the court will dismiss your claim in a hurry without hearing. This is why it's crucial to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is an official legal document that is filed by a party that asserts a cause of action and demands judicial relief. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specific time frame. In general the case, a defendant will reject the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf. Most personal injury claims are based on actual bodily harm. Physical injuries can be expensive, and your lawyer will work to ensure you get paid for any existing medical bills, as well as any anticipated future expenses. These costs include medical expenses, home care, and physical therapy. You can also claim for any loss in quality of life that is resulted from your injury. This includes things like the inability to drive, sleep or walk normally. This type of damages is known as pain and suffering. The court will set up the preliminary conference after the complaint has been filed to schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then draft an Bill of Particulars. It is a thorough description of your injuries. This will include the losses you have suffered including your current and future medical expenses as well as lost wages and property damage. Your lawyer will also detail the alleged emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. If the case is deemed to be a probable cause the case will be scheduled for an open hearing. If your complaint is dismissed because of 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 a summons. 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 timeframe. The defendant has to respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in greater specific detail. It could include photographs of your injuries, medical bills and lost wages. It may also include details of the incident and the manner in which the defendant is accountable for your injuries. In the middle of a lawsuit, called “discovery” the parties is able to ask questions and examine evidence provided by the other party. Your lawyer will be crucial during this stage of negotiations as the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also request that you be examined by a doctor of their choosing in relation to the injuries and damages you're seeking. If you fail to show up, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs. After a discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then determine the trial date. During the trial, a jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is at fault the jury could award you damages. If the defendant is not accountable, the jury will reject your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit may also be filed for physical injuries, such as discomfort and pain and loss of companionship. In the beginning of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what occurred and the extent of your injuries. Then, he will work with the at-fault party's insurance company. Your attorney will stay in touch with you on any significant developments and will also negotiate throughout the entire process. If negotiations are unsuccessful the lawyer will file a formal complaint in the court against defendant. A Complaint, which is the first official document in civil lawsuits, names all parties, outlines the incident and lays out allegations of wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. This usually takes around one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or admits the allegations made in the Complaint. In this phase, your lawyer may provide medical records, documents and other evidence to support your argument. The lawyer representing the defendant will submit a response to these documents and the two parties will then engage in further discussions. If the parties can't come to an agreement, mediation or arbitration could be required prior to trial can begin. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any company that have lien on your monetary award from a special money escrow before distributing the check.