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How to File an Injury Lawsuit A personal injury lawsuit starts with the filing of a written complaint. The document identifies all parties, outlines the wrongdoing that was committed, and argues that it contributed to the plaintiff's injuries. Jurors and adjusters look at both economic damages (past or future medical bills or out of pocket expenses) and non-economic damages (pain and suffering). They can also consider punitive damages if they believe it is appropriate. Damages Most often, victims are left with significant expenses, lost earnings and other expenses related to their injuries. These losses can also affect the quality of their lives. A successful injury lawsuit can provide a plaintiff with compensation for these and other damages. This kind of compensation is called compensatory damages. It attempts to put the victim back in the same position they would be in had the injury not occurred physically as well as financially. There are two categories of compensatory damages: financial losses and non-monetary losses. The former could include costs incurred by the injury, including future and past medical expenses, repair or replacement of damaged property, lost earning capacity, and other financial losses. The latter are harder to quantify and are more abstract like emotional distress and pain and suffering. In some states, a plaintiff who has been injured may be entitled to punitive damages, in the event that the person who caused the injury committed an especially obscene, savage or a criminal action. These damages are awarded to punish the defendant and to deter others from engaging in similar actions. Most personal injury cases are settled before reaching court. Some cases may settle without a formal hearing, however, the majority of cases go through an insurance claim and settlement process. This involves filing a claim for injury with the insurer of the at-fault party as well as back-and forth negotiations, which eventually lead to an injury settlement. It is essential for those who have been injured to be aware of their obligation to mitigate damages, which means that they have an obligation to take steps to reduce the consequences of their injuries as well as the damage they cause. This could mean seeking out the right medical treatment and minimizing the loss by working part-time. During the discovery phase of a personal injury lawsuit, we request information relevant to the case from the defendant as well as other parties involved. This may include document requests, interrogatories and taking depositions of experts and witnesses. These investigations will allow us to determine the amount you're entitled to in damages. This will be included in any settlement demand. Preparation It is essential to seek compensation for your losses if another person or entity has caused you harm. The legal process can be complex. 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 attorney will investigate the cause of the accident and gather evidence that can support your claims for damages. He or she might also collaborate with experts such as accident reconstructionists, medical professionals and others to strengthen your case. Your lawyer will also need to document your injuries. You may be required to submit medical bills in the form of copies, receipts showing the cost of repairing damage to property and timekeeping records that show how much time you taken off work because of your injuries. Your lawyer will come up with an estimate of damages in monetary terms to include in your demand for compensation. The investigation of your case can take time and involves gathering a lot of details. To prepare for this phase of your case, you should be willing to share information about yourself and your life that you may not have shared before. Your lawyer will be interested in knowing where you are located, what kind of car you drive, and other details that could be used in your case. Continue to follow the treatment plan prescribed by your doctor. In the absence of this, it could give the defendant a chance to argue that you have not taken the necessary steps to reduce your damages, which would reduce the amount of your compensation award. After your lawyer file a complaint and the other party answers the complaint, the case moves to the discovery phase, which accounts for most of the time on your injury lawsuit timeline. Both parties exchange relevant information during this stage which may involve depositions of witnesses who have knowledge about the accident and/or injured parties, subpoenas to documents and more. It is crucial to be courteous and respectful to the other side, even if you feel angered or angry. It is especially important to be polite when you are in front of a jury because they are charged with making an important decision that will determine the amount of money you receive. Negotiation If you win a case for injury you'll need to negotiate with the insurance company of the person who was at fault to settle your damages. It's a long and tedious process that may take a long time, but is often required to get the compensation you are entitled to. A seasoned personal injury lawyer can help you through the settlement negotiation process and protect your rights. Your lawyer will conduct an extensive investigation to determine what exactly transpired and who was accountable for your injuries. They will examine medical records, police reports and other evidence admissible to build a strong case. They will also consult with experts to get precise estimates of your losses. This includes future medical costs as well as lost earning capacity and diminished quality of life for long-lasting injuries. Your lawyer will determine the amount you owe in accordance with 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. Also, it will include any intangible losses like emotional and physical distress. Your lawyer will then send an order letter to the defendant's insurance company or to them following a determination of your rights. This letter will explain the damage you've suffered and ask for a substantial amount of compensation. Insurance companies usually start with a low price, and you should reject the offer. Your lawyer will then negotiate back and forth until both parties reach a reasonable compromise. During the settlement negotiation process, it is important to remain focused and calm. The insurance company will be looking for ways they can save money and your lawyer must be ready to counter their arguments. It's also a good idea to have witnesses be able to testify about your injuries' impact on your life. You can ask close family members or friends to witness your inability to play games with your children or go on romantic walks with your partner, or even lift weights. The insurance company could claim that you were partly at fault for the accident, and decrease the amount you receive in line with. This is a common method that is not easy to defend however, your lawyer will be able to fight against it with the evidence at hand. Trial The case moves into the phase of fact-finding known as discovery once the defendant has reacted to the lawsuit. This stage can account for the majority of the time in a personal injury lawsuit. Your lawyer will collaborate with experts, including accident reconstructionists, to gather evidence proving causation, fault, as well as liability. They will also work with you medical professionals to document the severity of your injuries, and evaluate the damages you sustained. During this stage of the trial the attorney will take depositions. A deposition is a meeting where your lawyer will ask you questions under oath and the defendant's lawyer also asks you questions with a court reporter present to record what's said. Your lawyer will draft a brief summary of your case, which will include your injuries, losses and expenses so that the jury or judge can comprehend your situation. In some instances, parties will try to settle their dispute using a process called mediation. This could save clients time and money. If the parties are unable reach an agreement through mediation, or if the plaintiff is unwilling to participate, the case is scheduled for trial. In a trial, the judge or jury decides if the defendant is accountable for your injuries and accidents and, if yes and in what amount, the defendant has to pay to compensate you for your losses. It can be a lengthy process that may last for several days. Based on the nature of your case, it is possible that your attorney may be required to provide surveillance footage of the defendant's home or business. This can be used as evidence to disprove the claim that your injuries were serious and your life was affected. Fort Lauderdale injury attorneys that is the defendant's may even have a private investigator following you, recording your every move for the purpose of securing your claim. For instance, they could show you walking just a few steps from your wheelchair to your car. After the verdict is announced, you will need to wait for the Court to award your award. Before you can get the funds the lawyer will need to pay any companies with a legal right to the funds, known as liens, out of an escrow account specifically designated for that. After that the lawyer will then send you a check.