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How to File an Injury Lawsuit A personal injury case begins with the filing of a complaint. The complaint identifies the parties, outlines the wrongdoing that was committed, and argues that it caused the plaintiff's injuries. Jurors and adjusters take into account both economic damages (past or future medical bills, out of pocket expenses) and non-economic damages (pain & suffering). They also consider punitive damages if warranted. Damages Many victims are left with huge bills, lost wages and other expenses relating to their injuries. These expenses can also affect the quality of their lives. A successful injury lawsuit may provide a plaintiff with compensation for these damages, as well as other ones. This kind of compensation, known as compensatory damages, is designed to put a victim in the same place in the same position they would have been in if their injury had never occurred, both physically and financially. There are two kinds of compensatory damages, monetary and non-monetary. The former could include costs incurred by the injury, including past and future medical expenses, repairs or replacement of damaged property, loss of earning capacity and other measurable financial losses. The latter are harder to quantify and are less tangible, such as emotional distress and pain and suffering. In some states, a plaintiff who has been injured may have the right to seek punitive damages if the offender committed willful, outrageous or malicious behavior that was particularly harmful. These are awarded to deter the defendant and discourage similar acts by others. Most personal injury cases are settled prior to going to court. Certain cases can be settled without a formal hearing, but most go through an insurance claim and settlement process. This involves filing a claim with the insurer of the party who was at fault, negotiating back and forth before finally settling the settlement. It is important that an injured person understands their responsibility to limit the damage. This means that they must take action to reduce their injuries as well as the damage caused by them. This may include seeking appropriate medical treatment and minimizing their losses using other methods such as working part-time to pay the bills. During the discovery stage of a personal injury lawsuit, we seek information pertinent to the case from the defendant as well as the other parties involved. This can involve documents requests, interrogatories or taking depositions of experts and witnesses. The findings of these investigations will assist us in determining the total amount of damages you are entitled to, which will be included in the settlement demand. Preparation It is important to seek compensation for your losses when an individual or entity has caused injury to you. However, the legal process can be complicated. For those who suffer from injuries, it is often difficult to determine if they should file a lawsuit, or simply go through the insurance claims process. If you choose to hire a lawyer to represent you in your case, the lawyer will look into the causes of the accident and collect evidence that can support your claims for damages. He or she may also work with experts such as accident reconstructionists medical professionals, as well as other experts to help strengthen your case. Your lawyer will have to document the injuries you've suffered. You may be required to provide copies of your medical bills, receipts for repair of damages to your property, and timekeeping records showing how much time you missed from work because of your injuries. Your lawyer will determine an approximate amount of amount of damages you must include in your claim for compensation. The investigation into your case is a long process that involves gathering lots of data. To prepare for this stage of your case, you should be open to sharing information about yourself and your life that you may not have previously shared. Your lawyer will need to know where you live, what kind of car you drive and other personal identifiers that could be used to support your case. Keep following the treatment plan recommended by your physician. If you don't do this, the defendant could claim that you did not take the necessary steps to minimize damages and reduce the amount of compensation you receive. When your lawyer file a complaint and the other party responds, the case enters the discovery phase, which accounts for most of the time on your injury lawsuit's timeline. The parties exchange pertinent information during this stage that may include depositions of witnesses who have knowledge of the accident or injured parties, subpoenas to documents, and much more. It is important to be polite and respectful of the other side even when you're angered or angry. It is crucial to be polite when you are in the presence of jurors, as they are tasked with making a decision that will determine the amount you will receive. Related Home Page After a successful injury case you'll need to discuss with the insurance company of the person who was at fault to settle your claim. It's a lengthy and tedious process that may take several months however, it is usually required to get the amount of compensation you're entitled to. A personal injury lawyer who is experienced can help you negotiate settlements and ensure your rights. Your lawyer will conduct an extensive investigation to determine what exactly transpired and who was accountable for your injuries. They will look over medical records, police reports and other evidence admissible to prove your case. They will consult with experts in order to obtain accurate estimates of your losses. This includes future medical costs loss of earning capacity, and diminished quality of life for long-lasting injuries. Your lawyer will calculate the amount you are owed in accordance with your non-economic and economic losses. This includes the total amount of all your current and future medical bills, lost income and repairs on your property. This will also include intangible losses such as emotional and physical distress. After determining the amount you're entitled to, your lawyer will then send a demand letter to the defendant or their insurance company. This letter will explain the damages you have suffered and ask for a large amount of compensation. Insurance companies typically start with a low-ball offer which you should decline. Your lawyer will then discuss with the other side until they can reach a fair settlement. During the negotiation process for settlement, it is important to remain calm and focused. Your lawyer must be prepared to respond to the arguments of the insurance company. They will be looking for ways to cut costs. It's also a good idea to have witnesses who can testify to the impact of your injuries on your life. This could include family members or friends who could describe your inability to play with your children, go on romantic walks with your partner or lift things that you used to be able to do. The insurance company could argue that you were partially responsible for the accident, and may reduce your settlement according to. This is a common tactic that can be difficult to counter, but your lawyer should be able to fight against it with the evidence available. Trial The case is moved to a phase of fact-finding called discovery after the defendant has reacted to the lawsuit. This is the stage that can take up the majority of the time in a personal injury case. Your lawyer will collaborate with experts who include accident reconstructionists to gather evidence proving causation, fault, and liability. They will also work closely with your doctor to document your injuries and determine your damages. In this stage of the case, you attorney will also take depositions. Depositions are an interview in which you and your attorney are both questioned under oath by the other lawyer. A court reporter is present to record what is said. Your attorney will prepare a summary of your case, which will include the losses, injuries, and expenses, so that the judge or jury will be able to comprehend your case. In some instances parties will try to settle their differences by mediation. This can save clients time and money. If the parties are unable reach an agreement during mediation or if a plaintiff does not want to participate, the case is scheduled for trial. In a trial, the jury or judge decides if the defendant was accountable for your injuries and accidents, and if so then what amount the defendant must pay as compensation for your losses. This can be a long process that may last for several days. Based on the nature and circumstance of your case, your attorney might be required to supply surveillance footage from the defendant’s home or business. This can be used to refute your assertions that your injuries are serious and that your life has been affected. The insurance company that is the defendant's may even employ a private investigator to follow you, recording your every move with the intention of undermining your claim. They could, for instance take a video of you walking from your wheelchair to the car. When the verdict is announced, you will have to wait for the Court to distribute your award. Before you can receive the funds your lawyer will need to pay any companies that have a legal right to a portion of the funds, referred to as liens, using an escrow account specifically designated for that. Once this is done, your lawyer will write you an official check.