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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. The cases typically involve a person who is 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 assess the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury case, the judge awards the plaintiff a sum of money to cover damages. The money can be awarded as a lump sum or spread over a period of time or as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those that can be itemized and quantifiable like medical expenses and lost wages. General damages are harder to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keeping a journal detailing the way your injuries have affected you you can help improve your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anguish, and how injuries affect your ability to take part in activities you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is most common when a person or business acts with fraud, criminal intent and gross negligence. 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 respond, also known as an answer, within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. This is where the parties exchange pertinent information and evidence, which includes depositions under oath. This phase takes up the majority of the timeline for personal injuries. Statute of limitations If you make a claim for injury after the statute of limitations expires, it's likely that you'll lose your right to receive damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case as early as possible even if not certain if the incident happened within the deadline. A statute of limitations is a state law which provides a time frame for filing a lawsuit. In many states, the statute of limitations runs at the time of the incident or accident that led to your injuries. The deadline for filing a lawsuit for personal injuries also depends on the individual you are suing. If you intend to sue an entity that is a part of the municipal government (such as the city or county) the deadline will be much shorter. There are other situations that may change the statute of limitation in your situation. For instance, if you were exposed to harmful substances or suffered medical negligence, the statute of limitations may start when you realize or ought to have realized that your injuries were the result of negligence. In certain instances minors are not subject to the statute of limitations. If you file a claim for injury after the statute of limitations has expired, your defendant will likely inform the court about this and request that your lawsuit be dismissed. If this occurs, the court could dismiss your claim in a sweeping manner without a hearing. It is essential to contact an attorney for personal injuries as soon as you can to discuss your case and determine if you can make an official claim. Complaint A complaint is an official legal document that is filed by a party who asserts a cause of action and demands the judicial remedy. The complaint should also state the kind of compensation the plaintiff is seeking. The defendant must then respond within a specific time frame. A defendant will usually decline to respond. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. Most personal injury claims involve actual bodily injury. Your attorney will make sure that you get paid for the medical bills you are currently paying and any future costs. These expenses include medication or home care as well as physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is called suffering and pain. The court will schedule the preliminary conference after the complaint is filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. This will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life as well as any other non-monetary damages that you're seeking. If your case is determined to have probable cause, you will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff file a complaint with the court and then sends the defendant a copy of the complaint via registered or certified mail within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which details the injuries and damages you've suffered more fully. It may include photographs of your injuries, medical bills and lost wages. The document also contains details regarding the accident and why you think the defendant is responsible for the harm. During the middle part of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and inspect evidence held by the other party. Your attorney is crucial during this stage of negotiations as the representatives of the defendant want to have full information before making settlement offers. Fullerton injury lawsuits may also request that you undergo an examination by any doctor they choose regarding the injuries and damages you're seeking. If you do not attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs. After a discovery and inspection, attorneys on both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then determine an appointment date for the trial. During the trial the jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't accountable and the jury denies 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 from accidents like car crashes and falls. A lawsuit could also be filed for non-physical injuries like pain and discomfort and loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the initial stages of the investigation to determine the exact cause and extent of your injuries. The lawyer will then negotiate with the insurance company of the party at the fault. Your attorney will keep you informed and up to current on any negotiations and significant developments throughout this process. If negotiations are unsuccessful the lawyer will file a formal complaint in the court against defendant. A Complaint is the initial official document in a civil suit that identifies the parties, describes the incident, claims that there was wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It usually takes about approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant admits to the allegations made in the Complaint or denies them. During this stage, your lawyer may provide medical records, documents as well as other evidence to prove your case. The lawyer representing the defendant will submit a response to these documents and the two sides will continue to negotiate. If the parties are not able to come to an agreement the mediation or arbitration process could be required prior to your case goes to trial. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any company that have lien on your monetary award through a specialized money escrow before distributing an actual check.