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How to File an Injury Lawsuit A personal injury case starts with the filing of a complaint. The document identifies all parties, explains what wrongdoing took place, and states that it caused the plaintiff's injury. Jurors and adjusters look at both economic damages (past or future medical bills, out of pocket expenses) as well as non-economic damages (pain & suffering). They can also consider punitive damages when it is justified. Damages Many victims are left with large bills, lost wages and other expenses relating to their injuries. These losses can cause a negative impact on their lives. A successful injury lawsuit may award compensation for these damages and other damages. This kind of compensation is called compensatory damages, and it is designed to put a victim back in the same position they would be in if the injury not occurred physically as well as financially. There are two kinds of compensatory damages: financial and non-monetary. The former could include costs incurred by the injury, including past and future medical expenses, repairs or replacement of damaged property, lost earning capacity, and other financial losses. The latter are more intangible and are harder to determine a dollar value for things like emotional distress as well as pain and suffering and the loss of enjoyment life. In some states, a plaintiff who is injured could be entitled to punitive damages, in the event that the person who caused the injury committed a particularly bad, outrageous or malicious action. These are awarded to punish the defendant and prevent similar actions by others. While some cases settle without a formal trial, most personal injury claims must go through the insurance claim and settlement procedure before they reach the court. This involves filing an insurance claim with the insurer of the party who was at fault and negotiating back and forth before finally settling the settlement. It is important that an injured person understands their responsibility to limit damage, which means they have to take steps to reduce their injuries and the damages that result from them. This could involve seeking appropriate medical treatment and minimizing the loss through other means like working part-time to earn a living. During the discovery stage of a personal injury lawsuit, we seek information pertinent to the case from the defendant as well as other parties involved. This could include documents, interrogatories, and taking depositions from witnesses and experts. These investigations will allow us to determine the total amount you deserve in damages. This will be included in any settlement demand. Preparation It is important to seek compensation for your losses if another person or entity has caused you harm. However, the legal procedure can be confusing. Injury victims often find it difficult to decide whether they should file a lawsuit, or simply go through the insurance claims process. If you choose to hire an attorney to represent you they will investigate the cause and gather evidence to support your claim for damages. They will also collaborate with expert witnesses like accident reconstructionists medical professionals, accident reconstructionists and others to support your case. Your lawyer will also need to document your injuries. You could be required to submit copies of medical bills and receipts indicating the cost of repairing damage to your property, and timekeeping records that show how much time you taken off work because of your injuries. Your lawyer will determine an estimate of the monetary damages to include in your request for compensation. The investigation into your case takes time and requires the gathering of a lot of details. To prepare for this stage of your case, you must be willing to share information about yourself and your life that you might not have previously disclosed. Your lawyer will need to know where you live, the kind of car you drive and other personal identifiers that can be used to support your case. Continue to follow the treatment plan recommended by your doctor. If you don't do this, the plaintiff could claim that you didn't take steps to mitigate damages and reduce your compensation award. When your lawyer file a complaint and the other party replies the complaint, the case moves to the discovery phase, which accounts for most of the duration of your injury lawsuit timeline. The parties exchange pertinent information during this phase, which can involve depositions of those with knowledge about the accident and/or injured parties, subpoenas for documents and more. Even if you are unhappy or angry, it is important to show respect and courtesy to the other person. It is crucial to be courteous and respectful when you are in front of a juror as they will decide the amount of money you will receive. Negotiation If you win a case for injury, you will need to negotiate with the insurance company of the party responsible in order to settle your damages. This can be a lengthy process and may take months but it's necessary to receive the compensation you are entitled to. A knowledgeable personal injury lawyer can assist you navigate the settlement negotiation process and safeguard your rights. Your lawyer will conduct a thorough investigation to determine exactly what happened and who was responsible for your injuries. They will look over medical records, police records, as well as other admissible proof to build an evidence-based case. They will also consult with experts to obtain accurate valuations of your losses. This includes calculating future medical costs and loss of earning capacity, and diminished quality of life after long-lasting injuries. Once the evidence is in, your lawyer will calculate how much you're entitled to for your economic and non-economic losses. This will include the total amount of your current and projected medical bills, lost earnings, and repairs to your property. This includes any intangible damage, like suffering and pain or emotional distress. Your attorney will then mail an official demand letter to the insurance company of the defendant or to them after determining your rights. This letter will explain the damage you've endured and request an amount of money. Insurance companies usually start with a low-cost offer and you should not accept it. Your lawyer will then negotiate with the other party until they can reach a fair settlement. It is essential to remain calm and focused during the settlement negotiations. The insurance company will be looking for any way they can cut costs and your lawyer must be prepared to counter their arguments. It is 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 can describe your inability to play with your children or take a romantic walk with your spouse or lift things you were able to do. Cary injury lawyers might claim that you are partially to blame for the accident and decrease the amount of your settlement accordingly. This is a typical tactic that can be difficult to defeat however your lawyer is expected to be able against it with the evidence in front of you. Trial The case is moved to an investigation of facts called discovery once the defendant has responded to the lawsuit. This phase can take the majority of time in a personal injury case. Your lawyer will work with experts, including accident reconstructionists, to collect evidence that proves causation, fault, and liability. They will also work closely with your medical professionals to document your injuries and determine your damages. In this phase of the trial, your attorney will also conduct depositions. A deposition is an oral interview which you and your lawyer are both interrogated under oath by the opposing lawyer. A court reporter is present to record what is said. Your lawyer will draft a brief summary of your case which includes your losses, injuries and expenses, so that the jury or judge can comprehend your situation. In some instances parties may attempt to settle their dispute using a procedure known as mediation. This could save the client both time and money. However in the event that the parties are unable to reach an agreement through mediation, or if the plaintiff does not wish to take part in mediation the case will be scheduled for trial. In a trial, the judge or jury decides if the defendant was responsible for your injuries and accidents and, if yes and in what amount, the defendant has to pay in compensation for your losses. It can be a lengthy process that may last for several days. Depending on the nature and circumstances of the case, your attorney might be required to supply surveillance footage from the defendant’s home or place of business. This could be used to prove your claim that your injuries were severe and your life was affected. The insurance company of the defendant may even engage private investigators to follow you and record every move to defy your claim. They could, for instance, show you walking from your wheelchair to the car. Once the verdict is announced, you will need to wait for the Court to distribute your monetary award. Your lawyer must pay out an escrow fund to any companies that have a legal claim to a portion of the funds. Once this is done the lawyer will then write you an official check.