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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. These cases often involve a person who is at fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through all medical records and other documentation, to determine the full extent and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury case, the judge will award the plaintiff money to pay damages. The funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are those that can be categorized and quantifiable like medical expenses and lost wages. General damages are harder to place a dollar value on, such as pain and suffering and loss of enjoyment of life. Keep a diary of the way your injuries have affected you your chance of winning the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anguish and how your injuries impact your ability to participate in activities you once took for taken for granted. In many personal injury lawsuits there are many defendants. This is the most frequent scenario when a business or individual is guilty of fraud, criminal intent and gross negligence. The court may also make punitive damages in order to discourage others from acting in a similar way. Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants are required to provide a response (also called an answering) within 30 days. Usually, defendants will deny the allegations made in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. This is where the parties exchange pertinent information and evidence, including depositions under oath. This stage accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it's likely that you will lose your right to receive damages. That's why it's crucial to consult an attorney who specializes in personal injury to discuss your case as early as possible, even if you are not certain if the incident occurred within the timeframe. A statute of limitations is a law of the state that sets a time limit on how long you must bring a lawsuit for injury. In many states, a statute of limitations begins on the date that the accident or incident caused your injuries. The deadline to file a lawsuit for personal injuries also varies depending on the person you're seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as city or county), the deadline is shorter. In addition there are certain circumstances that could alter the statute of limitations in your particular case. For example, if you were exposed to harmful substances or suffered medical malpractice the statute of limitations could begin when you discover or should have realized that your injuries were caused by negligence. In certain cases minors are exempt from the statute of limitation. If you submit an injury claim after the statute of limitation has expired the defendant will likely inform the court about this and ask that your case be dismissed. If this happens, the court will dismiss your claim on the spot without hearing. It is essential to contact a personal injury lawyer as soon as possible to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is a formal legal document filed by a person who asserts a cause of action and seeks the judicial remedy. The complaint should also state the type of relief the plaintiff is seeking. The defendant must then respond within a specific time frame. In general the case, a defendant will reject the claim. If the defendant does not respond, a default judgment could be entered in the petitioner's favor. In most cases, personal injury claims can result in bodily injury. Your attorney will make sure that you receive compensation for your current medical bills and any future costs. These expenses include medication or home care as well as physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as pain and suffering. If a complaint is filed and the court is notified, they will hold a preliminary conference to schedule obligatory oral and physical examinations as well as any document production. After the conference your lawyer will draft an Bill of Particulars. This is a detailed description of your injuries. It will include your losses including your future and current medical expenses, lost wages and property damage. Your lawyer will also outline the possible emotional distress or disfigurement, loss of enjoyment of life, and any other non-monetary damages you're seeking. If your case is found to be a probable cause you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable reason or because the court is not in authority, you can 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 registered or certified mail within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. It could include photos of your injuries, medical bills, and lost wages. It may also include details of the accident and how the defendant is responsible for the harm you suffered. In the middle of a lawsuit referred to as “discovery,” each party gets to ask questions and inspect evidence held by the other party. Your attorney is crucial during this stage of negotiations as the representatives of the defendants want complete information before they make settlement offers. Your lawyer may also request that you be examined by any doctor they choose regarding the damages and injuries you're seeking. If you fail to attend, the judge may dismiss your case or require that you pay the defendant for the cost of their examination. After the discovery and inspection process is completed, the lawyers on each side can submit a document referred to as the “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide on a trial. During the trial, the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is responsible for the accident, the jury will award you damages. If the defendant isn't at fault and the jury decides to deny your claim. Trial Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury from accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries such as suffering and pain, as well as loss of companionship. Your lawyer will conduct research on your accident in the early stages of the case to determine the exact cause and extent of your injuries. YouTube will then negotiate with the insurance company of the party at fault. Your lawyer will keep you up-to current on any negotiations and significant developments during this process. Once negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A Complaint, the first official document in civil lawsuits, names all parties, details the incident and alleges wrongdoing. It also requests compensation. The complaint must be served personally, which means that it must be delivered physically to the defendant. It usually takes about approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. In this phase, your lawyer may submit medical records, documents and other evidence to support your case. The lawyer representing the defendant will submit an answer to these documents and the two sides will then engage in further discussions. If the parties are not able to come to an agreement and mediation or arbitration might be required prior to your case can go to trial. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any company with liens on your monetary award from a special escrow fund before issuing you an actual check.