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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 the fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review 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 court gives the plaintiff money to pay damages. These funds may be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are known 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, like discomfort and pain, and loss of enjoyment of life are more difficult to quantify. Keep a diary to record how your injuries impacted your life. This will increase your chance of receiving maximum compensation for the non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to perform activities you used to take for granted. In many personal injury cases, more than one defendants are at fault. This is the most frequent scenario when a business or person is guilty of criminal intent, fraud, and gross negligence. The court may also award punitive damages to deter others from acting in a similar way. Once a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to submit a response, also known as an answer, within 30 days. Typically, defendants contest the allegations made in the complaint. Once the answer is filed, the case will enter an investigation stage, known as discovery. This is the time when both parties will share relevant information and evidence, including depositions under an oath. This stage 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's crucial to talk to an attorney who specializes in personal injury to discuss your case early on even if not sure if the accident happened within the deadline. A statute of limitation is a law of the state that establishes a deadline for filing a lawsuit. In many states the statute of limitations starts with the date of the incident or accident that caused your injuries. The deadline to file a lawsuit also depends on who you are seeking to sue. If you want to sue an entity that is a part of the municipal government (such as a county or city), the deadline will be shorter. There are also certain situations that may change the statute of limitations in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain cases, the statute of limitations may be tolled for minors. If you file a claim for injury after the statute of limitation has expired the defendant will likely inform the court of this and request to dismiss your claim. In this case the court will decide to dismiss your claim in a hurry without a hearing. It is essential to contact a personal injury lawyer immediately to discuss your case to determine if you are eligible to file a legal claim. Complaint A complaint is a formal legal document filed by a party that asserts a cause of action and demands the judicial remedy. The complaint must also specify the type of compensation that the plaintiff seeks. The defendant is then required to respond within a specified timeframe. A defendant will usually reject the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner. In most cases, personal injury claims can result in bodily harm. Physical injuries can be extremely expensive, and your lawyer will work to ensure that you get paid for any existing medical bills and any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as suffering and pain. When a complaint is filed and the court is notified, they will hold a preliminary meeting to schedule mandatory physical and oral examinations as well as any document production. Your lawyer will then draft the Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical expenses, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life as well as any other damages that are not monetary that you are seeking. If your case is found 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 is not in jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff files the complaint with a court and sends a copy of the document to the defendant by certified or registered mail within a specified time frame. The defendant has to respond, or they risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the damages and injuries you've suffered more fully. It could include photos of your injuries, medical bills, and lost wages. It may also include details of the accident and what the defendant is responsible for your injuries. During the middle part of a lawsuit referred to as “discovery,” each party is allowed to ask questions and inspect evidence held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney will play an important role in negotiations during this phase. Your lawyer may also request to have you examined by any doctor they choose in relation to the injuries and damages you're claiming. If you fail to attend, the court could dismiss your case. Or order that you pay for the defendant's examination costs. After the discovery and inspection, attorneys from both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then decide on the trial. During You Tube , the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is at fault and the jury awards you damages. If the defendant is not at fault and the jury decides to deny your claim. Trial Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries like the suffering of others and loss of companionship. In the beginning of your case, your lawyer will research the accident to determine the cause of the incident and the extent of your injuries. Then, he will negotiate with the at-fault party's insurance company. Your lawyer will keep you informed and up to the minute on any negotiations or important developments throughout the process. If negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in a court against the defendant. A Complaint is the initial 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 that it must be physically delivered to the defendant. It usually takes about one month. After service is completed the defendant has to “answer” the Complaint within a specified date, which is usually 30 days. The answer will explain whether the defendant denies or admits the allegations in the Complaint. During this stage your lawyer will submit documents, medical records and other evidence to back your case. The defendant's lawyer will submit a response to these documents and the two parties will continue to negotiate. If the parties can't reach an agreement, then mediation or arbitration could be required prior to trial can begin. A large portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any companies with lien on the money award out of a special account in escrow before he/ she will write you a check.