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How to File an Injury Lawsuit A personal injury lawsuit begins with a complaint. The complaint identifies the parties, outlines the wrongdoing that was committed, and states that it contributed to 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 damages when it is justified. Damages Often, victims are left with significant expenses, lost earnings and other expenses resulting from their injuries. These losses can also affect the quality of their lives. A successful injury lawsuit could provide a plaintiff with compensation for these and other damages. This type of compensation is called compensatory damages. It is designed to put a victim in the same situation they would be in had 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 associated with the injury, including the future and past medical expenses, repairs or replacement of damaged property, lost earning capacity, and other financial losses. The latter are more intangible and harder to quantify in dollars things like emotional distress, pain and suffering, and loss of enjoyment life. In some states, a person 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 criminal act. These damages are awarded to punish the defendant and discourage others from committing similar acts. The majority of personal injury cases are settled prior to going to court. Some cases may settle without a formal hearing, but most are settled through an insurance claim and settlement process. This involves filing a claim for injury with the insurer of the party at fault, back-and-forth negotiations and eventually the settlement of the injury. It is important that injured people understand their duty to mitigate the damage. This means that they must take action to reduce their injuries and the damages that result from them. This may include seeking appropriate medical care and limiting their losses through other methods like working part-time to make ends meet. During the discovery phase of a personal injury lawsuit we seek information pertinent to the case from the defendant as well as the other parties involved. This may include documents requests, interrogatories or taking depositions of witnesses and experts. These investigations will allow us to determine the total amount you are entitled to in damages. This will be included in any settlement demand. Preparation When another person or entity's negligence causes injury, it's imperative that you seek compensation to compensate for your expenses. The legal process can be a bit complicated. It is often confusing for injured victims to determine whether to pursue a lawsuit in court or just go through the process of claiming insurance. If you choose to hire an attorney to represent you in your case, the attorney will determine the cause of the accident, and gather evidence that supports your claims for damages. The lawyer might also collaborate 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 have suffered. You may need to submit copies of your medical bills, receipts for repair of damages to your property, and timekeeping records showing how long you were away working due to your injuries. Your lawyer will provide an approximate estimate of the financial damages you need to include in your claim for compensation. The investigation of your case can take time and involves gathering a lot of information. To prepare for this stage of your case, be open to sharing details about yourself and your life that you might not have shared before. Your lawyer will want to know where you are, what kind of car you own, as well as other information that could be used in your case. It is also important to follow the treatment plan of your doctor. If you don't do this, the defendant may claim that you didn't take steps to mitigate damages and decrease your compensation. The discovery phase is the longest part of the timeline for your injury lawsuit. It begins after your lawyer files the complaint and the other side responds. Both parties exchange relevant information during this phase that may include depositions of those with knowledge of the accident and/or injured parties, subpoenas to documents, and much more. Even if you are angry or frustrated it is essential to be courteous and respectful to the other party. It is especially important to be polite when you are in the presence of jurors, as they are tasked with making an important decision that will determine how much money you get. Negotiation After a successful injury case, you will need to negotiate with the insurance company of the person who was at fault to settle your claim. This can be a time-consuming process and can take a long time however, it is necessary to receive the amount you're due. A personal injury lawyer who is skilled can help you negotiate an agreement and ensure your rights. Your lawyer will conduct an extensive investigation to determine exactly what happened and who was responsible for your injuries. They will look over police reports, medical records and other evidence admissible to establish a solid case. They will also consult with experts to obtain accurate valuations of your losses. This includes future medical expenses loss of earning capacity, and diminished life quality for long-lasting injuries. After the evidence is in, your lawyer will calculate how much you're entitled to for your non-economic and economic losses. This will include the entire amount of your current and projected medical expenses, lost earnings and repairs to your property. This includes any tangible damages, such as suffering and pain or emotional distress. Your attorney will then mail an order letter to the insurance company of the defendant or to them following a determination of your rights. The letter will detail the damage you've suffered and request an amount of money. Insurance companies usually begin with a low offer, and you should reject it. Your lawyer will then discuss with the other side until they come to a fair settlement. During the settlement negotiation process it is crucial to remain focused and calm. Your lawyer must be prepared to address the arguments of the insurance company. They will be seeking ways to reduce costs. It's important to have witnesses witness your injuries' impact on your life. This could be family members or friends who can relate to your inability to play with your children, go on romantic walks with your spouse, or lift things you were able to do. The insurance company might claim that you are partially responsible for the accident, and may reduce the amount you receive in line with. This is a tactic that can be difficult to counter however, your lawyer will be able to fight back against it using the evidence in front of you. Trial After the lawsuit is filed and the defendant has responded to the lawsuit, the case moves into a fact-finding phase called discovery. This is the stage that can take up the majority of the time in a personal injury case. Your lawyer will work with experts such as accident reconstructionists to gather evidence of causation, fault, and liability. They will also work closely with your doctors to document your injuries and determine your damages. In this phase of the trial, your attorney will also take depositions. Depositions are an interview in which you and your attorney are both interrogated under oath by the opposing lawyer. A court reporter is also present to record what is said. Your lawyer will also draft an outline of the case that outlines the losses, injuries and expenses, so the jury or judge at trial can understand how your life was negatively affected. In certain cases parties will try to settle their case through mediation. This can help clients save time and money. If the parties fail to reach an agreement through mediation, or if the plaintiff is unwilling to take part, the case will be scheduled for trial. A trial is the time when the jury or judge decide whether the defendant is accountable for your injuries and accidents, and, if so, how much the defendant is required to pay to compensate you for the losses. It can be a lengthy procedure that can last several days. Based on the nature of your case, it is likely that your lawyer may be required to provide surveillance footage of the defendant's house or workplace. This can be used as evidence to disprove the claim that your injuries were serious and your life was significantly affected. The insurance company of the defendant may even hire private investigators to follow you and record your every move to defy your claim. For instance, they could, show 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. El Monte injury lawsuit must pay out a special money escrow fund to all companies who have a legal claim to a portion of the funds. Once that is done, your lawyer will write you a check.