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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. These cases often involve a person at fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will review your medical records and other documents, to determine the totality and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury case the court gives them money to pay for damages. The funds may be awarded in a lump sum or spread over a period of time in an agreed settlement. These funds are also known as compensatory damages. There are two types: special and general. Special damages are costs which can be listed and are measurable, such as medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keeping a journal detailing how your injuries have affected your chance of winning maximum compensation for non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to do things you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or an individual commits the most blatant negligence, fraud and criminal intention. The court may also award punitive damage to deter other people from engaging in the same manner. When a lawsuit is filed and the defendants are served with a summons and complaint. They will then be required to file a response which is also known as an answer within 30 days. Usually, the defendants deny the allegations in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. The parties will exchange information and evidence during this stage including depositions. This is the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it's likely that you'll lose the right to damages. This is why it's important to speak with a personal injury lawyer about your case early even if not sure if the accident occurred before the deadline. A statute of limitations is a law of the state that sets a time limit on the time you must bring a lawsuit for injury. In many states, a statute of limitations begins the date that the accident or incident led to your injuries. The deadline for filing a personal injury lawsuit also depends on the person you're seeking to sue. For example, if you would like to sue a local government entity (such as a city or county) the deadline is significantly shorter. There are other situations that may change the statute of limitations in your situation. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize or reasonably ought to have realized that your injuries are due to 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 that your case be dismissed. If this occurs, the court could summarily dismiss your claim without a hearing. It is essential to contact a personal injury lawyer as soon as possible to discuss your case and determine if you can make a legal claim. Complaint A complaint is a legal document filed by a plaintiff that asserts a cause of action, and a demand for judicial relief. The complaint should also state the type of relief the plaintiff is seeking. The defendant is then required to respond within a specific time frame. A defendant is likely to deny the claim. If the defendant fails to respond to the claim, a default judgment could be granted for the petitioner. Most personal injury claims can result in bodily injury. Physical injuries can be extremely expensive, and your lawyer will work to ensure that you are compensated for any existing medical bills and any future costs that are anticipated. These include things like medication or home care, as well as physical therapy. You may also be able to claim any loss in your quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This type of damage is known as pain and suffering. If a complaint is filed and the court is notified, they will hold a preliminary conference to set the date for obligatory oral and physical examinations, as well as any document production. Following the conference your lawyer will draft a Bill of Particulars. It is a thorough description of your injuries. This will include your losses including your current and future medical costs as well as lost wages and property damage. Your lawyer will also detail the grievous emotional distress or disfigurement, loss of enjoyment of life and any other damages that you are seeking. If your case is found to be a probable cause, you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff file a complaint with the court and sends the defendant a copy via certified or registered post within a specific time. The defendant has to respond or risk a default judgement against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in greater specific detail. It may include photographs of your injuries, medical bills and lost wages. The document also includes information about the incident and how you think the defendant is accountable for the harm. 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. Your attorney will be important during this stage of negotiations because the defendant's representatives want complete information prior to making settlement offers. Your lawyer may also request to see you by a physician they select in relation to the damages or injuries you're claiming. If you don't attend, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After the discovery and inspection process is completed, attorneys on both sides may file something called 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 an appointment date for the trial. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is at fault the jury could award you damages. If the defendant is not accountable and the jury denies your claim. Trial A personal injury claim encompasses a range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries such as pain and suffering and loss of companionship. Your lawyer will conduct research on your accident in the beginning stages of the case to determine the precise nature and severity of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will keep you up-to date on any negotiations and significant developments throughout this process. After negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A complaint is the first official document in a civil lawsuit. It 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 physically delivered to him or her. It typically takes approximately a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or admits the allegations made in the Complaint. During this phase, your lawyer can submit medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will submit an answer to these documents and the two parties will engage in further negotiations. If You Tube can't come to an agreement, mediation or arbitration could be required prior to a trial can take place. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any company with liens on your monetary award from a special account before distributing a check.