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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. In these cases, the defendant is usually the one responsible for the incident. The plaintiff is usually the victim. Your attorney will review your medical records and other documents to understand the full extent of your injuries, 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 case, the judge will award them money to pay for damages. The money can be awarded in a lump sum or spread out over a time period or as part of the settlement is structured. These funds are known as compensatory damages. There are two types: special and general. Special damages are the ones that can be quantified that can be categorized for medical expenses and lost earnings. General damages are harder to place a dollar value on, like the suffering and pain, and the loss of enjoyment. Keeping a journal detailing how your injuries have affected your chances of obtaining the most money for damages that are not economic. These include the effects on your relationships, daily pain levels, and episodes of mental stress and how your injuries affect your ability to take part in activities you once took for taken for granted. In many personal injury lawsuits there are many defendants. This is especially true when a business or individual commits fraud, criminal intent and gross negligence. The court can also award punitive damage to deter other people from acting in the same way. Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants are required to respond (also known as an answering) within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. The parties will share information and evidence in this stage, including taking depositions. This is the stage that accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired, you will likely lose the right to claim damages. This is why it's important to speak with an attorney who specializes in personal injury to discuss your case early on, even if you are not sure if the incident occurred before the deadline. A statute of limitations is a law in a state that provides a time frame for filing lawsuits. In the majority of states, a statute of limitations begins on the date that the accident or incident caused your injuries. The deadline for filing a lawsuit for personal injuries also depends on the person you're seeking to sue. For example, if you would like to sue a local government agency (such as a county or city) the deadline is significantly shorter. There are certain circumstances that could alter the time limit in your situation. For instance, if you were exposed to toxic substances or suffered medical malpractice The statute of limitations may start when you realize or should have realized, that your injuries were caused by negligence. In certain cases minors are exempt from the statute of limitations. If you file an injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and request your lawsuit to be dismissed. If this occurs, the court could dismiss your claim in a sweeping manner without a hearing. This is why it's crucial to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is an official legal document filed by a party who asserts a cause of action and seeks the judicial remedy. The complaint must also specify the type of relief the plaintiff is seeking. YouTube is then obliged to respond within a certain time frame. The defendant is usually able to deny the claim. If the defendant does not respond to the claim, a default judgment could be granted in favor of the petitioner. In most cases, personal injury claims involve actual bodily harm. Physical injuries can be extremely expensive, and your lawyer will work to ensure that you receive compensation for any current medical bills, as well as any anticipated future expenses. These include things like medication, home care and physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This type of damage is called pain and suffering. The court will schedule a preliminary conference when a complaint has been filed. This will be used to schedule any required oral or physical examinations and also the production of any documents. After the conference, your lawyer will prepare the Bill of Particulars. This is a detailed report of your injuries. It will include all your losses which include the cost of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you are seeking. If your case is found to have probable cause, you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable cause or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant via certified or registered mail within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which details the damages and injuries 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 what the defendant is responsible for the harm you suffered. During the middle part 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 in this phase of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer can also request that you are examined by a physician they select in relation to the injuries or damages you're claiming. If you don't attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs. Once discovery and inspection are completed, lawyers on each side can file something called a “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 set a trial date. During the trial, a jury will determine if the defendant is at fault for the accident and injuries. If the defendant is responsible, the jury will award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a wide variety of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury from accidents, such as car crashes and falls. A lawsuit can also be filed for non-physical injuries like discomfort and pain and loss of companionship. Your lawyer will conduct an investigation regarding your accident in the beginning stages of the investigation to determine the exact nature and severity of your injuries. He or she will then negotiate with the insurance company of the party who is at the fault. Your attorney will keep you informed and up to the minute on any negotiations or important developments throughout the process. Once negotiations have failed, your lawyer will submit a formal complaint to court against the defendant. A complaint, the first official document filed in a civil suit, identifies all parties, outlines the incident, and claims that there was wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. It usually takes about one month. After service is completed, the defendant must “answer” the Complaint within a specific time frame, which is typically 30 days. The answer will explain whether the defendant denies or admits the allegations contained in the Complaint. At this point, your lawyer may submit documents, medical records as well as other evidence to prove 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 reach an agreement and mediation or arbitration might be required before your case is put to trial. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any companies with liens on your monetary award from a specific escrow fund before issuing you the check.