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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. These lawsuits typically involve a person at the fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records and other documents to assess the full extent of your injuries, costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury lawsuit the court will award the plaintiff a sum of money to cover damages. These funds can 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 types of compensatory damages: special and general. Special damages are measurable costs that can be listed like medical bills and lost earnings. General damages, like pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keep a journal in which you can record how your injuries impacted your life. This increases your chances of receiving the most compensation for the non-economic damages. This includes the impact on your relationships, your daily pain levels and bouts of mental anguish and how your injuries impact your ability to take part in the activities you used to take for granted. In many personal injury cases, more than one defendants are responsible. This is especially true when a person or business is guilty of criminal intent, fraud and gross negligence. The court can also award punitive damage to deter other people from engaging in the same manner. The defendants will receive a summons with an accusation once a lawsuit is filed. The defendants are required to provide a response (also known as an answering) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case will enter a fact-finding stage known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This phase takes up the majority of the personal injury timeline. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is possible that you'll lose your right to receive damages. That's why it is important to consult an attorney who specializes in personal injury to discuss your case early even if you're not certain if the incident happened within the deadline. A statute of limitations is a law in a state that establishes a deadline for filing an action. In most states, the statute of limitations starts at the time of the incident or accident that caused your injuries. The time limit for filing a lawsuit for injury also depends on the party you are seeking to sue. For instance, if you want to sue a municipal government entity (such as a city or county) the deadline is shorter. There are certain circumstances which could change the statute of limitations in your situation. For instance, if were exposed to harmful substances or a victim of medical malpractice The statute of limitations could begin when you realize or ought to have realized, that your injuries were caused by negligence. In some cases the statute of limitations can be tolled for minors. If you make an injury claim after the statute of limitation has expired Your defendant is likely to tell the court about this and ask that your lawsuit be dismissed. If this occurs, the court could summarily dismiss your claim without a hearing. It is crucial to speak with an attorney who specializes in personal injury immediately to discuss your case to determine if you are eligible to file a legal claim. Complaint A complaint is a formal legal document filed by a person who claims a cause of action and seeks judicial relief. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specified time frame. The defendant is usually able to reject the claim. If the defendant fails to respond to the claim, a default judgement may be granted in favor of the petitioner. Personal injury claims are generally based on actual bodily harm. Your lawyer will ensure that you get paid for the medical bills you are currently paying as well as any future expenses. These include things like medication, home care and physical therapy. You can also claim for any loss in quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damages is referred to as pain and suffering. The court will call the preliminary conference after the complaint has been filed. The court will schedule any mandatory oral or physical examinations as well as the production of any documents. After the conference, your lawyer will prepare the Bill of Particulars. This is a thorough account of your injuries. It will include all your losses including the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other damages that are not monetary that you seek. If your case is found to have probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable reason or because the court is not in jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff files a complaint with the court and then sends the defendant a copy via registered or certified mail within a specified time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which details the damages and injuries you've suffered more fully. It could include photos of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is responsible for your injuries. In the middle of a lawsuit referred to as “discovery,” each party is allowed to ask questions and look over evidence held by the other party. Your attorney is crucial in this stage of negotiations since the defendant's representatives want complete information before they make settlement offers. Your lawyer can also request that you be examined by a doctor of their choosing regarding the injuries and damages you're seeking. If you do not attend, the court could dismiss your case. Or, they may require that you pay for the defendant's exam costs. Once discovery and inspection are completed, lawyers on both sides may file a document known as an “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide on the trial. During the trial, the jury will decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't at fault, the jury will reject your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander), and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like the suffering of others and loss of companionship. In the initial stages of your case, your lawyer will research the accident to determine what occurred and the extent of your injuries. Then, he will negotiate with the insurance company. Your attorney will keep in touch with you about any significant developments and discussions throughout the process. If negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in a court against the defendant. You Tube , the first official document filed in a civil suit, identifies all parties, outlines the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. It usually takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or admits the allegations made in the Complaint. During this stage your lawyer will provide medical records, documents as well as other evidence to prove your case. The defendant's lawyer will submit a response to these documents and the two parties will continue to negotiate. If the parties can't come to an agreement, mediation or arbitration could be required prior to a trial can take place. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any businesses that have liens on your award from a specific account before distributing an actual check.