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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these situations, the defendant is usually the one at fault. The plaintiff is typically the party who is injured. Your lawyer will go through your medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury lawsuit, the courts award them funds to cover their losses. These funds may be awarded in a 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: special and general. Special damages are the ones that can be quantified that can be categorized, such as medical bills and lost earnings. General damages are more difficult to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment of life. Keep a journal to document how your injuries affected your life. 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 episodes of mental stress, and how your injuries affect your ability to take part in activities you once took for granted. In a lot of personal injury cases, more than one defendants are responsible. This is especially common when a business or an individual acts with gross negligence, fraud, and criminal motives. The court may also award punitive damage to discourage others from engaging in the same manner. The defendants receive a summons with a complaint once a lawsuit has been filed. They will then be required to respond, also known as an answer, within 30 days. Usually, the defendants will deny the allegations made in the complaint. Once the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. This is where the parties exchange pertinent information and evidence, including taking depositions under the oath. This is the stage that accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you will lose your right to receive damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case as early as possible even if you're not certain if the incident happened within the deadline. A statute of limitations is a law of the state that sets a deadline on how long you can make an injury lawsuit. In many states the statute of limitations runs with the date of the incident or accident which caused your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the person you're suing. If you are suing an entity of municipal government (such as city or county), the deadline will be shorter. Additionally, there are certain situations that can change the statute of limitations in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain cases the statute of limitations is extended for minors. If you file an injury claim after the statute of limitation has expired, your defendant will likely inform the court of this and request to dismiss your claim. In this scenario the court will dismiss your claim without hearing. This is why it's important to consult an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document filed by a party who claims a cause of action and demands judicial relief. The complaint should also define the type of relief the plaintiff is seeking. The defendant is then required to respond within a specified time frame. A defendant is likely to deny the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner. Personal injury claims are usually caused by bodily injury. Your attorney will make sure that you are compensated both for the medical bills you are currently paying and any future costs. This includes things like medications, home care and physical therapy. You may also be able to claim any loss in quality of life caused by your injury. This includes things like the inability to walk, drive, or sleep normally. This kind of damage is referred to as pain and suffering. When a complaint is made and the court is notified, they will hold a preliminary meeting to plan the mandatory oral and physical examinations, as well as any document production. After the conference your lawyer will draft a Bill of Particulars. This is a thorough description of your injuries. This will include your losses including future and present medical expenses, lost wages and property damage. Your lawyer will also describe the alleged emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you are seeking. If the case is found to be probable cause the case will be scheduled for public hearing. If your complaint is dismissed 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 begins with the issue of a summons. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical expenses and lost wages. It also includes details of the accident and how the defendant is responsible for the harm you suffered. During the middle phase of a lawsuit, referred to as “discovery” in which each party is able to ask questions and look over evidence presented by the other party. Your lawyer will be crucial in this phase of negotiations since the representatives of the defendant want to have full information before making settlement offers. Your lawyer may also request to have you examined by a doctor they select in connection with the injuries or damages you're claiming. If you fail to attend, the judge may dismiss your case or order that you pay the defendant for their examination costs. After the discovery and inspection, attorneys from both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then schedule the trial. During the trial, the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is responsible, the jury will award you damages. If the defendant is not liable then the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit can also be filed for physical injuries like pain and discomfort and loss of companionship. In the beginning of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your injuries. He or she will then discuss the matter with the insurance company of the party at fault. Your attorney will keep you up to date on any negotiations and important developments throughout the process. If negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. Troy is the first official document in a civil lawsuit. It identifies the parties, details the incident, argues for wrongdoing and demands 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. Once service is complete, the defendant must “answer” the Complaint within a set time frame, which is typically 30 days. The answer is whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. During this time, your lawyer can submit medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents, and the two sides will engage in further negotiations. If the parties cannot reach an agreement, mediation or arbitration could be required prior to trial can begin. A significant portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer has to pay any companies with lien on the award out of a special account for escrow before he or she will write you a check.