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How to File an Injury Lawsuit A personal injury lawsuit begins with the filing of a written complaint. The document lists all parties, explains what wrongdoing took place, and states that it caused the plaintiff's injury. Jurors and adjusters take into account both economic damages (past or future medical bills, out of pocket expenses) as well as non-economic damages (pain and suffering). They might also consider punitive damages if it is warranted. Damages Many victims are left with large bills, lost wages and other expenses related to their injuries. These losses can also affect their life quality. A successful injury lawsuit can compensate for these damages and other damages. This kind of compensation known as compensatory damages, aims to put a victim in the same position as they would have been in if their injury not occurred, physically and 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, loss of earning capacity, and other financial losses. The latter are more intangible and are harder to determine a dollar value for things like emotional distress, pain and suffering, and the loss of enjoyment life. In certain states, a plaintiff who is injured could be entitled to punitive damages, if the wrongdoer engaged in a particularly bad, outrageous or a reckless act. These damages are awarded to punish the defendant, and deter others from committing similar acts. While certain cases settle without any formal trial, the majority of 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 at fault and having a discussion with the insurer, and finally reaching a settlement. It is crucial that an injured person understands their obligation to minimize damage, which means they should take steps to minimize their injuries as well as the damage that result from them. This may include seeking the appropriate medical attention and limiting losses 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 can include documents requests, interrogatories and depositions of witnesses and experts. The results of these investigations will help us determine the total amount of damages you are entitled to, which will be included in your settlement demand. Preparation When another person or entity's negligence results in injury, it is imperative that you seek compensation for your losses. The legal process can be a bit complicated. For those who suffer from injuries, it is often difficult to decide whether they should file a lawsuit, or simply follow the insurance claims process. When you hire a lawyer to represent you in your case, the lawyer will look into the causes of the accident, and gather evidence that can support your claims for damages. They may also work with experts such as accident reconstructionists medical professionals, accident reconstructionists and others to support your case. Your lawyer will have to document the injuries you have sustained. You may need to submit copies of your medical bills, receipts for repair of damages to your property, and timekeeping records that demonstrate the amount of time you were absent working due to your injuries. Your lawyer will calculate a rough estimate of the amount of damages you must include in your claim for compensation. The investigation of your case takes time and requires gathering a great deal of information. You should be willing to share details about your life and personal details that you haven't previously shared. Your lawyer will require information about where you live, the type of car you own and other personal identifiers that can be used against you in your case. It is also important to adhere to your doctor's treatment plans. If you don't do this, the plaintiff could argue that you did not take steps to reduce the damages and reduce the amount of compensation you receive. The discovery phase is the longest part of the timetable for your injury lawsuit. It begins after your lawyer submits the complaint, and the other side responds. During this phase the parties exchange information. This could include depositions of people who have knowledge of the accident or injured parties, subpoenas to get documents, and so on. It is essential to be polite and respectful to the other side even when you're annoyed or frustrated. It is especially important to be courteous when in front of a jury, as they are tasked with making the decision on how much money you get. Negotiation Following a successful claim for injury you will need to negotiate with the at-fault party's insurance company to settle your claim. This can be a lengthy process and can take a long time but it's essential to receive the amount you're due. A knowledgeable personal injury lawyer can assist you to navigate the settlement negotiation process and defend 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 prove your case. They will also seek out experts to obtain precise estimates of your losses. This includes future medical expenses loss of earning capacity, and diminished quality of life due to long-lasting injuries. After the evidence has been received the lawyer will determine how much you're entitled to for your non-economic and economic losses. This will include the full amount of your current and anticipated medical bills, lost earnings and repairs to your property. This will include any intangible damage, like suffering and pain or emotional distress. After determining how much you're entitled to, your lawyer will send a demand note to the defendant or their insurance company. The letter will detail the damage you've endured and request an amount of money. Insurance companies typically start with a low-ball offer, which you should reject. Your lawyer will then engage with the other party until they can reach a fair settlement. During the negotiation for settlement it is essential to remain in a calm and focused state. The insurance company will be looking for ways they can cut costs and your lawyer must be prepared to respond to their arguments. It's also a good idea to have witnesses witness your injuries' impact on your life. This could include family members or friends who could speak to your inability to play with your grandchildren, go on romantic walks with your spouse, or lift things you used to be able to do. The insurance company may claim that you are partially responsible for the accident and reduce the amount of your settlement accordingly. This is a typical method that is not easy to defend, but your lawyer should be able to fight back against it using the evidence at hand. Trial The case moves into a phase of fact-finding called discovery after the defendant has responded to the lawsuit. This phase can account for the majority of the time in a personal injury case. Your lawyer will collaborate with experts, such as accident reconstructionists, in order to gather evidence that establishes the causality, fault and liability. They will also work closely with your doctor to record your injuries and evaluate the damages you have suffered. In this stage of the case, you attorney will also take depositions. Phoenix injury lawsuits are an interview which you and your lawyer are both questioned under oath by the other lawyer. A court reporter is also present to record what is said. Your lawyer will also draft an account of your case that outlines your losses, injuries and expenses, so that the judge or jury at trial can see how your life has been adversely affected. In some cases parties attempt to settle their dispute using a process called mediation. This could save clients time and money. However should the parties not reach an agreement through mediation, or if the plaintiff does not want to be a part of mediation the case will be scheduled for trial. A trial is when the jury or judge decide whether the defendant is responsible 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 process that could last several days. Based on the nature and the circumstances of the case, your attorney may be required to provide surveillance footage from the defendant's home or business. This could be used to prove your claim that your injuries were severe and your life was significantly affected. The insurance company of the defendant could even engage an investigator to monitor you and document your every move to defy your claim. They might, for example, show you walking from your wheelchair to the car. Once the verdict is announced, you'll have to wait for the Court to distribute your award. Your lawyer will have to pay out an escrow fund to any companies who have a legal right to some of the money. Once this is done then your lawyer will issue you an official check.