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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. These cases often involve a person at the fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through your medical records and other documentation, to determine the totality and cost of your injuries and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury claim, the court will award them money to pay for damages. These funds can be awarded as lump sums or spread out over a period of time, as part if an agreed settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are measurable costs that can be categorized, such as medical bills and lost earnings. General damages are harder to quantify a dollar amount on, such as suffering and suffering, as well as loss of enjoyment. Keep a diary to record the way your injuries affected you. This increases your chances of receiving the most compensation for any non-economic losses. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to perform things you used to take for granted. In many personal injury lawsuits there are many defendants. This is especially common when a person or business commits reckless negligence, fraud, and criminal intention. The court can also award punitive damages to deter others from acting in a similar way. Once a lawsuit is filed, the defendants will receive a summons and complaint. You Tube are required to provide a response (also called an answering) within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. Both parties will exchange information and evidence in this stage and may even conduct depositions. This phase takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it is possible that you'll lose your right to receive damages. This is why it's important to talk to an attorney for personal injury about your case early on, even if you are not sure if the accident occurred before the deadline. A statute of limitations is a law of the state that sets a deadline for filing lawsuits. In most states, the statute of limitations runs at the time of the accident or incident that led to your injuries. The time limit to file a lawsuit also depends on the party you are seeking to sue. If you intend to sue an entity of municipal government (such as city or county) the deadline will be shorter. In addition, there are certain situations that could alter the statute of limitations in your case. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably should have known that your injuries are due to negligence. In certain cases the statute of limitations is extended for minors. If you file a claim for injury after the statute of limitation has expired Your defendant is likely to inform the court of this and request that your case be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your case and determine if you can make a legal claim. Complaint A complaint is a formal legal document that is filed by a party that 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 specific timeframe. In general, a defendant will reject the claim. If the defendant fails to respond, a default judgment could be entered in the petitioner's favor. In most cases, personal injury claims involve actual bodily harm. Your attorney will make sure that you are compensated both for medical bills currently incurred and any future expenses. These costs include medical expenses as well as home care and physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as suffering and pain. When a complaint is filed and the court is notified, they will convene a preliminary conference to plan mandatory physical and oral examinations as well as any document production. Following the conference your lawyer will draft a Bill of Particulars. This is a thorough account of your injuries. It will include all of your losses, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will also describe the alleged emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you are seeking. If your case is deemed to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause, or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff submits a complaint to the court and 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 injuries attorney will file an Bill of Particulars that outlines the damages and injuries suffered by you in more detail. It may include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and how the defendant is responsible for your injuries. During the middle phase of a lawsuit, referred to as “discovery” the parties is able to ask questions and review evidence provided by the opposing party. Your attorney will be important in this stage of negotiations as the representatives of the defendant want to have full information before making settlement offers. Your lawyer can also ask that you be examined by the doctor of their choice regarding the injuries and damages you're claiming. If you do not attend, the court could dismiss your case. Or order that you pay for the defendant's exam costs. After a discovery and inspection, attorneys from both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then determine a trial date. During the trial, a jury will decide if the defendant is at fault for the accident and your injuries. If the defendant is responsible, the jury will award you damages. If the defendant isn't accountable then the jury will dismiss your claim. Trial A personal injury case can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit may also be filed for injuries that are not physical, such as discomfort and pain and loss of companionship. Your lawyer will conduct an investigation on the accident during the initial stages of the case to determine the exact cause and extent of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at fault. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the process. After negotiations don't work the lawyer will file an official complaint in the court against defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. It usually takes about a month. After service has been completed the defendant has to “answer” the Complaint within a set time, which is usually 30 days. The answer will reveal whether the defendant denies or acknowledges the allegations contained in the Complaint. During this phase your lawyer may provide medical records, documents and other evidence to support of your case. The attorney representing the defendant will then respond to these documents, and then the two sides will begin negotiations. If the parties are not able to reach an agreement, mediation or arbitration may be required before your case is put to trial. A significant number of personal injury cases are settled out of court. After a settlement has been reached, your lawyer has to pay any companies that have lien on the settlement out of a separate account in escrow before he/ she will write you an official check.