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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. The cases typically involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review all of your medical records, as well as other documents, to determine the totality and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury lawsuit, the courts award them money to pay for their damages. These funds may be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds: general and special. Special damages are those which can be listed and are measurable for example, medical expenses and lost wages. General damages are more difficult to quantify a dollar amount on, like pain and suffering and loss of enjoyment. Keeping a journal detailing the way your injuries have affected you your chance of winning the most money for damages that are not economic. These include the effects on your relationships, your daily pain levels, and episodes of mental stress, and how injuries affect your ability to take part in activities that you used to take for granted. In many personal injury cases, multiple defendants are responsible. This is most common when a person or business commits criminal intent, fraud and gross negligence. The court can also award punitive damage to deter other people from doing the same thing. Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants must respond (also called an answering) within 30 days. Usually, defendants deny the allegations made in the complaint. Once the answer is filed the case will move to the process of fact-finding, also known as discovery. The parties will exchange information and evidence in this stage, including taking depositions. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations has expired, you will likely lose your right to recover damages. That's why it's crucial to speak with an attorney for personal injury about your case early even if you're not sure if the accident occurred before the deadline. A statute of limitations is a law in a state that sets a time limit on the amount of time you have to bring a lawsuit for injury. In many states the statute of limitations begins the date that the accident or incident led to your injuries. The deadline for filing an injury lawsuit is dependent on the person you are suing. For instance, if you want to sue a municipal government agency (such as a city or county) the deadline is significantly shorter. Additionally 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 a victim of medical malpractice the time limit may begin when you discover or should have discovered, that your injuries were the result of negligence. In some cases, the statute of limitations may be extended for minors. If you file a claim for injury after the statute of limitations has expired the defendant will likely inform the court of this and ask to dismiss your claim. In this instance, the court will dismiss your claim summarily without hearing. It is important to consult a personal injury lawyer as soon as you can to discuss your case to determine if you have a legal claim. Complaint A complaint is a legal formal document filed by a person who declares an actionable cause and demands legal relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a specific time frame. A defendant will usually reject the claim. If the defendant does not respond, a default judgment could be entered in the petitioner's favor. Most personal injury claims can result in bodily harm. Physical injuries can be expensive, and your lawyer will ensure that you receive compensation for any current medical bills as well as any future costs that are anticipated. These costs include medical expenses or home care as well as physical therapy. You can also claim for any loss in your quality of life resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is called suffering and pain. If a complaint is filed when a complaint is filed, the court will convene a preliminary conference to plan 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. youtube.com will include your losses including your future and current medical costs as well as lost wages and property damage. Your lawyer will also describe the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you are seeking. If your case is deemed to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court does not have jurisdiction, you are able to 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 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 damages and injuries sustained by you in more depth. It may include photographs of your injuries, medical bills and lost wages. The document also includes information about the accident and how you believe the defendant is responsible for the harm. During the middle part of a lawsuit called “discovery,” each party has the opportunity to ask questions and look over evidence held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, therefore your attorney plays a significant role in negotiations during this time. Your lawyer may also request to see you by a doctor they select in connection with the injuries or damages you're claiming. If you don't attend, the judge could dismiss your case or order that you pay the defendant the costs of their examination. After a discovery and inspection, attorneys from both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then set a trial date. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant is not responsible, the jury will deny your claim. Trial Personal injury claims can cover a broad variety of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries such as suffering and pain, as well as loss of companionship. In the early stages of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your damages. Then, he will negotiate with the at-fault party's insurance company. Your lawyer will stay in touch with you about any significant developments and will also negotiate throughout the process. If negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, alleges wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to him or her. This usually takes a month. After service is completed, the defendant must “answer” the Complaint within a specified time, which is usually 30 days. The answer will reveal whether the defendant denies or admits the allegations made in the Complaint. At this point your lawyer could provide medical records, documents and other evidence to back your case. The defendant's lawyer will submit a response to these documents and the two parties will then engage in further discussions. If the parties can't reach an agreement, then mediation or arbitration could be required prior to a trial can take place. A significant portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any businesses that have lien on the settlement out of a separate escrow account before he or she will write you a check.