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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. These lawsuits typically involve a person who is at fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records and other documents to understand the full extent of your injuries, the costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury lawsuit the courts award them money to pay for their damages. These funds may be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are measurable costs that can be listed, such as medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment of living are more difficult to quantify. Keep a diary of the way your injuries have affected you your chances of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to do things you once took for granted. In many personal injury lawsuits there are multiple defendants. This is especially true when a business or individual is guilty of fraud, criminal intent and gross negligence. The court may also award punitive damage to discourage others from doing the same thing. The defendants receive an order with a complaint once a lawsuit has been filed. The defendants will be required to respond (also known as an answering) within 30 days. Typically, defendants will contest the allegations made in the complaint. Once the answer is filed, the case will enter an investigation stage, known as discovery. This is the time when the parties exchange pertinent information and evidence, which includes depositions under the oath. This is the stage that accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it is possible that you will lose your right to receive damages. It is crucial to speak with an attorney in personal injury as soon as possible, even if you're not certain whether the incident occurred within the deadline. A statute of limitations is a law of the state that sets a deadline on the time you can bring a lawsuit for injury. In the majority of 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 also depends on the person you are suing. For instance, if you want to sue a municipal government agency (such as a county or city) the deadline is much shorter. In addition there are certain circumstances that can change the statute of limitations in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation can begin when you discover or ought to have known that your injuries are the result of negligence. In certain instances the statute of limitations is tolled for minors. If you file a personal injury claim after the statute of limitations has expired the defendant will most likely inform the court and ask for the dismissal of your lawsuit. If this happens, the court will dismiss your claim on the spot without a hearing. This is why it's crucial to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document that is filed by a party that asserts a cause of action and seeks judicial relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified time period. In general the case, a defendant will deny the claim. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf. Personal injury claims are usually caused by bodily injury. Your lawyer will ensure that you are compensated both for medical bills currently incurred and any future costs. This includes things like medications as well as home care and physical therapy. You can also claim for any loss in quality of life that is caused by your injury. This includes things like the inability to drive, sleep or walk normally. This type of damages is known as suffering and pain. The court will schedule a preliminary conference when the complaint is 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 description of your injuries. It will include your losses including future and present medical expenses as well as lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in life and any other non-monetary damages that you are seeking. If the case is deemed to be probable cause the case will be scheduled for public hearing. If your complaint is rejected due to a finding of no probable reason or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file a complaint with the court and sends the defendant a copy via certified or registered post within a certain time frame. 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 damages and injuries you've suffered in greater detail. 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 the harm you suffered. In the middle of a lawsuit called “discovery,” each party is allowed to ask questions and examine evidence that is held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time. Your lawyer can also ask that you be examined by the doctor of their choice in regard to the injuries and damages you're seeking. If you fail to attend, the judge may dismiss your case or require that you pay the defendant the costs of their examination. Once discovery and inspection are completed, lawyers on both sides can submit a document referred to as an “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then decide on the trial. During the trial, the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is accountable and the jury awards you damages. If the defendant isn't at fault then the jury will deny your claim. Trial A personal injury case can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. Additionally, lawsuits can also be filed to address non-physical injuries such as the suffering of others and loss of companionship. In the beginning of your case, your lawyer will research the accident to determine what occurred and the extent of your damages. He or she will then discuss the matter with the insurance company of the party at fault. Your lawyer will keep you up-to date on any negotiations and important developments throughout the process. If YouTube don't work, your lawyer will file a formal complaint in court against defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, describes the incident, argues for wrongdoing, and seeks compensation. The complaint must be personally served and must be delivered physically to the defendant. This typically takes about a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations contained in the Complaint. In this stage your lawyer will be able to provide medical records, documents and other evidence to support of your case. The attorney representing the defendant will respond to these documents and then the two sides will start negotiations. If the parties are unable to reach an agreement, mediation or arbitration could be required before trial can begin. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any company with liens on your monetary award through a specialized account before distributing the check.