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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These cases often involve a person who is at fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will examine your medical records and other documents to assess the full extent of your injuries, costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in an injury lawsuit, the courts award them funds to pay for their damages. These funds may be awarded in a lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds: special and general. Special damages are those that can be quantified that can be itemized like medical bills and lost earnings. General damages are difficult to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keep a journal to document how your injuries affected you. This will increase your chance of receiving the maximum amount of compensation for any non-economic losses. This includes the impact on your relationships, your daily pain levels and bouts of mental anguish, and how your injuries affect your ability to participate in activities that you used to take for taken for granted. In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or individual commits fraud, criminal intent or gross negligence. The court may also make punitive damages in order to discourage others from acting in a similar way. When a lawsuit is filed, the defendants will receive a summons and complaint. They will then be required to submit a response or answer, within 30 days. Typically, defendants deny the allegations in the complaint. After the answer has been filed, the case moves to an investigation known as discovery. Both parties will exchange information and evidence during this stage including depositions. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations expires you could lose your right to recover damages. It is essential to speak with a personal injury attorney whenever you can, even if you're not sure whether the accident occurred within the time frame. A statute of limitation is a law of the state that sets a deadline for filing lawsuits. In the majority of states, the statute of limitations begins with the date of the incident or accident that caused your injuries. The deadline for filing an injury lawsuit is dependent on the person you are suing. If you want to sue an entity that is a part of the municipal government (such as the city or county) the deadline will be much shorter. In addition, there are certain situations which could change the statute of limitations in your case. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations may begin when you discover or reasonably should have known that your injuries are the result of negligence. In certain instances minors are exempt from the statute of limitation. If you file a personal injury claim after the time limit has expired the defendant will likely inform the court and request the case to be dismissed. In this scenario, the court will dismiss your claim in a hurry without a hearing. It is crucial to speak with a personal injury lawyer as soon as you can to discuss your case and determine if you are eligible to file an official claim. Complaint A complaint is a formal legal document filed by a plaintiff which alleges an action and demands the judicial remedy. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a specified time frame. In general, a defendant will deny the claim. If the defendant fails to respond, default judgment can be granted to the petitioner's behalf. In the majority of cases, personal injury claims can result in bodily harm. Your lawyer will ensure that you receive compensation for the medical bills you are currently paying and any future expenses. These include things like medication as well as home care and physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes things like being unable to drive, sleep or walk normally. This kind of injury is known as pain and suffering. understanding will call the preliminary conference after the complaint has been filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. Your lawyer will prepare an Bill of Particulars. It is a thorough description of your injuries. It will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will also describe the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other damages that are not monetary you seek. If your case is determined to have probable cause you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court is not in jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff file a complaint with the court and sends the defendant a copy via certified or registered post within a specified time. The defendant has to respond, or else risk a default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in more detail. It may include photographs of your injuries, medical bills, and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for the harm you suffered. In the middle of a lawsuit, referred to as “discovery” the parties is able to ask questions and review evidence held by the opposing party. Your lawyer will be crucial in this phase of negotiations because the representatives of the defendants want full information before making settlement offers. Your lawyer can also request to have you examined by a doctor they select in connection with the injuries or damages you're seeking. If you fail to attend, the judge could dismiss your case or require that you pay the defendant for the costs of their examination. After the discovery and inspection process is completed, the lawyers on both sides may file something called a “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then set a trial date. During the trial, a jury will determine if the defendant is responsible for the accident and injuries. If the defendant is accountable and the jury awards you damages. If the defendant is not accountable then the jury will deny your claim. Trial Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit can also be filed for physical injuries, such as discomfort and pain and loss of companionship. In the initial stages of your case, your lawyer will research your accident in order to fully comprehend what occurred and the extent of your losses. He or she will then negotiate with the insurance company of the party at the fault. Your attorney will keep you up-to date on any negotiations and significant developments during this process. If negotiations fail, your lawyer will make a formal complaint to the court against the defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, argues for wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. It usually takes about a month. After service is completed the defendant has to “answer” the Complaint within a specified date, which is usually 30 days. The answer will tell you if the defendant denies or admits the allegations made in the Complaint. During this stage your lawyer could submit documents, medical records as well as other evidence to prove your argument. The defendant's attorney will respond to these documents and the two sides will start discussions. If the parties are not able to reach a settlement and mediation or arbitration might be required before your case is put to trial. A significant portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any companies that have liens on the monetary award out of a special escrow account before he or she will write you an official check.