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How to File an Injury Lawsuit A personal injury lawsuit begins with a written complaint. The document identifies the parties, explains how wrongdoing occurred, and claims that it was responsible for the plaintiff's injuries. Adjusters and juries consider both economic (past and future medical bills, out of pocket expenses) and non-economic damages (pain and suffering). They may also consider punitive damage if it is warranted. Damages Many victims are left with massive bills, lost wages and other expenses relating to their injuries. These losses can also have a traumatic impact on their life quality. A successful injury lawsuit could award compensation for these damages and others. This kind of compensation known as compensatory damages, is designed to put the victim in the same place that they would be in had their injury never occurred, physically and financially. There are two kinds of compensatory damages: monetary and non-monetary. The former could include all the costs incurred by an injury, like past and future medical bills, repairs or replacement damaged property, loss of earning capacity and other financial losses that are quantifiable. The latter are less tangible and harder to determine a dollar value for things like emotional distress as well as pain and suffering and loss of enjoyment life. In certain states, a plaintiff who has suffered injury may be entitled to punitive damages in the event that the person who caused the injury committed an extremely obnoxious, indecent or criminal action. They are awarded to penalize the defendant and discourage similar acts from others. While certain cases settle without any formal trial, the majority of personal injury claims go through the insurance claim and settlement procedure before they reach court. This involves filing an insurance claim with the insurer of the party responsible and having a discussion with the insurer before finally settling a settlement. It is essential for those who have been injured to be aware of their obligation to minimize the damage that is why they are required to take measures to lessen the impact of their injuries and the loss caused by them. This may include seeking appropriate medical care and limiting the loss through other means like working part-time to make ends meet. During the discovery stage of a personal injury lawsuit, we will request information that is relevant to the case from the defendant, as well as other parties involved. This may include documents requests, interrogatories and taking depositions from witnesses and experts. The findings of these investigations will help us determine the total amount of damages you're entitled to which will be included in your settlement demand. Preparation It is crucial to seek compensation for your losses if another person or entity has caused you harm. However the legal process can be a bit complicated. It is often confusing for injury victims to decide whether they should file a formal lawsuit or simply work through the insurance claim 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 gather evidence that supports your claims for damages. He or she may also work with expert witnesses like accident reconstructionists medical professionals, as well as other experts to strengthen your case. Your lawyer will also have to document your injuries. You could be required to submit copies of medical bills and receipts indicating the cost of repairing damage to property and timekeeping records that show how much time you lost from work due your injuries. Your lawyer will come up with an estimate of monetary damages to include in your request for compensation. The investigation into your case is lengthy and involves gathering a lot of information. To prepare for this phase of your case, you should be open to sharing details about yourself and your life that you might not have previously disclosed. Your lawyer will require information about where you reside, what type of car you own and other personal identifiers that could be used against you in your case. Keep following the treatment plan prescribed by your doctor. Failure to follow the plan could give the defendant a chance to claim that you haven't taken steps to minimize your losses, which could reduce the value of your compensation award. The discovery phase is the longest of the timeline for your injury lawsuit. It begins when your lawyer file the complaint and the other side responds. During this stage the parties exchange information. This could include depositions from people with knowledge of the accident or injured parties, subpoenas to get documents, and much more. It is important to be courteous and respectful of the other side even if you are angry or frustrated. It is particularly important to be polite when you are in front of a jury, as they are tasked with making the decision on the amount of money you receive. Negotiation After a successful injury claim, you must negotiate with the responsible party's insurance company to settle your claim. It's a long and tedious process that may take several months but it is often essential to receive the amount of compensation you're entitled to. A personal injury lawyer who is skilled can help you negotiate settlements and defend your rights. Your lawyer will conduct an investigation to determine exactly what transpired and who is responsible for your injuries. They will examine medical records, police reports, and other admissible evidence to prove your case. They will consult with experts to get accurate valuations for your losses. This includes calculating future medical expenses as well as loss of earning capacity, and reduced quality of life due to long-lasting injuries. Your lawyer will calculate the amount you owe based on your non-economic and economic losses. This will include the total amount of your projected and current medical bills, lost earnings and repairs to your property. This includes any tangible damage, like suffering and pain or emotional distress. Your attorney will then send an official demand letter to the insurance company of the defendant or to them following a determination of your rights. The letter will detail the damages you suffered and demand an amount of money. Insurance companies typically start with a low-ball offer which you must decline. Your lawyer will then negotiate with the other party until they come to a fair settlement. During the negotiation for settlement it is essential to remain focused and calm. You Tube will be looking for any way they can reduce costs and your lawyer should be prepared to respond to their arguments. It's a good idea to get witnesses to testify about the effects of your injuries on your life. This could be family friends or family members who can relate to your inability to play with your children or take a romantic walk with your spouse or lift things you used to do. The insurance company might claim that you are partially at fault for the accident, and may reduce the amount you receive in line with. This is a common tactic that can be difficult to defeat however your lawyer should be able to fight against it with the evidence at hand. Trial The case moves into an investigation of facts called discovery after the defendant has responded to the lawsuit. This process can take the majority of the time in a personal injury case. Your lawyer will work with experts, including 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. During this phase of the case, your lawyer will also take depositions. Depositions are meetings where your lawyer will ask you questions under oath and the lawyer for the defendant also asks you questions, all with an official present to record what's said. Your attorney will prepare a brief summary of your case that includes your losses, injuries and expenses so that the jury or judge can understand your situation. In some instances, the parties will attempt to settle their dispute through mediation. This can save the client time and money. However, if the parties cannot agree on a solution through mediation, or when the plaintiff doesn't want to be a part of mediation the case will be set for trial. A trial is the time when the judge or jury will decide if the defendant is liable for your accidents and injuries and, if this is the case, how much the defendant has to pay to compensate you for the losses. It can be a lengthy procedure that can last several days. Depending on the nature and the circumstances of the case, your attorney may be required to provide surveillance footage from the defendant’s home or place of business. This footage can be used to prove the claims you make that your injuries are severe and that your life has been affected. The insurance company of the defendant may even have a private investigator follow you, recording each step for the purpose of denying your claim. They might, for example, show you walking from your wheelchair to your car. When the verdict is declared, you will have to wait for the Court to distribute your award. Before you can receive the amount, your lawyer will first have to pay any businesses who have a legal claim to the funds, also known as liens, using an escrow account specifically designated for that. Once this is done the lawyer will then write you a check.