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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 who is who is at fault. The plaintiff is typically the victim. Your attorney will review your medical records, as well as other documentation, in order to determine the totality and cost of your injuries and the damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in an injury lawsuit the courts award them funds to pay for their damages. These funds may be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are measurable costs that can be itemized for medical expenses and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of living are more difficult to quantify. Keep a journal to document how your injuries affected your life. This will increase your chance of receiving maximum compensation for the non-economic damages. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to complete things you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when a person or business commits gross negligence, fraud, and criminal intent. The court can also award punitive damages to deter others from committing the same way. After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants will be required to respond (also called an answer) within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed the case will move to the process of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, including depositions under an oath. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. It is important to consult an attorney in personal injury as soon as possible, even if you're not certain whether the incident occurred within the time frame. A statute of limitations is a law in a state that sets a deadline on the amount of time you can make an injury lawsuit. In many states the statute of limitations begins on the date of the accident or incident which caused your injuries. The deadline to file a personal injury lawsuit also depends on the individual you are suing. If you intend to sue an entity of municipal government (such as a county or city), the deadline is shorter. In addition there are certain circumstances which could change the statute of limitations in your case. If you have been exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation may begin when you discover or reasonably should have known that your injuries are due to negligence. In certain instances minors are not subject to the statute of limitations. If you file an injury claim after the time limit has expired the defendant will likely to inform the court and request the dismissal of your lawsuit. In this instance, the court will dismiss your claim without 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 legitimate legal claim. Complaint A complaint is a legal formal document filed by a person who declares a cause of action, and a demand for judicial relief. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specific time frame. In general the event of a denial, the defendant will deny the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner. Personal injury claims are typically caused by bodily injury. Your attorney will ensure that you get paid for your current medical bills and any future expenses. These expenses include medications, home care, and physical therapy. You can also 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 kind of injury is known as pain and suffering. The court will set up an initial conference once the complaint has been filed to schedule any mandatory oral or physical examinations, and also the production of any documents. Your lawyer will prepare the Bill of Particulars. This is a detailed report of your injuries. It will include all of your losses which include the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in your life and any other damages that are not monetary that you're seeking. If your case is determined to be 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 does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process begins with a summons and a complaint. The plaintiff file a complaint with the court and sends the defendant a copy by registered or certified mail within a specified 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 greater specific detail. This could include photos of your injuries, medical bills and lost wages. The document also includes information regarding the accident and why you think the defendant is accountable for the injury. During the middle phase of a lawsuit, referred to as “discovery” in which each party has the opportunity to ask questions and look over evidence held by the other party. Your lawyer will be crucial in this phase of negotiations as the representatives of the defendants want full information before making settlement offers. Your lawyer can also ask to have you examined by a doctor they select in connection with the injuries or damages you're claiming. If you don't take part, the judge may dismiss your case or order that you pay the defendant for the cost of their examination. Once discovery and inspection are completed, lawyers on both sides may submit a document referred to as the “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then determine an appointment date for the trial. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is to blame, the jury may award you damages. If the defendant is not at fault, the jury will reject your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit can also be filed for injuries that are not physical such as pain and discomfort and loss of companionship. In the beginning of your case the lawyer will investigate your accident in order to fully comprehend what occurred and the extent of your damages. Then, he will work with the insurance company. Your lawyer will keep you up-to date on any negotiations and significant developments during this process. If negotiations don't work the lawyer will file an official complaint in court against defendant. A complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, argues for wrongdoing, and requests compensation. The complaint must be personally served and must be delivered physically to the defendant. This usually takes one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or acknowledges the allegations contained in the Complaint. During this phase your lawyer will be able to provide medical records, documents, and other evidence in support of your case. Read This method will submit a response to these documents and the two sides will engage in further negotiations. If the parties are not able to reach a settlement and mediation or arbitration might be required before your case goes to trial. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award from a specific escrow fund before issuing you the check.