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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. The cases typically involve a person who is at fault (defendant) and an injured party known as the plaintiff. Your attorney will examine your medical records and other documentation to determine the 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 is successful in a personal injury lawsuit, the court will award them money to pay for damages. These funds may be awarded in a lump sum or paid 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 those that can be itemized and are measurable for example, medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment of life are more difficult to quantify. Keep a journal to document how your injuries impacted you. This increases your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels mental stress and your ability to perform things you once took for granted. In many personal injury cases, multiple defendants are accountable. This is most common when a business or person is guilty of fraud, criminal intent or gross negligence. The court may also award punitive damages to deter other people from doing the same thing. After a lawsuit has been filed and the defendants are served with a summons and complaint. The defendants must provide a response (also called an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. Once the answer is filed and the case is referred to as an investigation stage, known as discovery. This is when the parties exchange pertinent information and evidence, which includes depositions under an oath. This stage accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you make a claim for injury after the statute of limitations expires, it's likely that you will lose the right to damages. It is important to consult an attorney for personal injuries as soon as you can, even if you're not sure whether the accident occurred before the time frame. A statute of limitations is a state law which sets a time frame on the time you have to make an injury lawsuit. In many states the statute of limitations runs on the date of the accident or incident which caused your injuries. The deadline to file a lawsuit for personal injury also depends on the person you're suing. For instance, if you are seeking to sue a municipal government entity (such as a county or city) the deadline is much shorter. In addition there are certain circumstances that can 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 limitations may begin when you discover or reasonably should have known that your injuries are due to negligence. In certain cases minors are not subject to the statute of limitation. If you file an injury claim after the time limit has expired, the defendant will most likely to inform the court and ask for your lawsuit to be dismissed. If this happens, the court will dismiss your claim on the spot without hearing. This is why it's crucial to talk with an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal document filed by a plaintiff that alleges an actionable cause, and a demand for judicial relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. In general, a defendant will deny the claim. If the defendant does not respond, a default judgment may be entered in favor of the petitioner. In the majority of cases, personal injury claims involve actual bodily harm. Your attorney will make sure that you receive compensation for the medical bills you are currently paying and any future expenses. These include things like medication, home care and physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes the inability to sleep, drive or walk normally. This type of damage is called suffering and pain. If a complaint is filed and the court is notified, they will hold a preliminary meeting to set the date for the mandatory oral and physical examinations, as well as any document production. Your lawyer will then draft the Bill of Particulars. It is a comprehensive description of your injuries. It will include all your losses, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will also outline the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you seek. If your case is found to be probable cause you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable reason or because the court does not have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy of the complaint via certified or registered post within a specified time. The defendant must respond, or they risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the injuries and damages you've suffered more fully. It could include photos of your injuries, medical bills, and lost wages. The document will also contain information about the accident and how you believe the defendant is responsible for the damage. During the middle part of a lawsuit called “discovery,” each party is allowed to ask questions and inspect the evidence of the other party. Your lawyer will be crucial in this stage of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer may also request to have you examined by a physician they select in relation to the damages or injuries you're seeking. If you fail to show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. Once discovery and inspection are completed, the lawyers on each side can file a document known as an “Notice of Issue and Statement of Readiness for Trial.” YouTube informs the court that your case is ready to go to trial. The judge will then set the date for the trial. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you sustained. If the defendant is responsible the jury could award you damages. If the defendant is not liable then the jury will deny your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit could also be filed for non-physical injuries, such as discomfort and pain and loss of companionship. In the initial stages of your case the lawyer will investigate your accident to fully understand the cause of the incident and the extent of your injuries. Then, he will work with the insurance company. Your attorney will keep in contact with you regarding any significant developments and will also negotiate throughout the entire process. After negotiations don't work, your lawyer will file an official complaint in the court against defendant. A Complaint is the initial official document in a civil suit that 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. This usually takes around a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. During this time, your lawyer can submit medical records, documents as well as other evidence in support of your case. The defendant's attorney will then respond to these documents, and then the two sides will begin negotiations. If the parties are unable to reach an agreement, mediation or arbitration could be required prior to the trial can be held. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any company with liens on your monetary award from a special account before distributing an actual check.