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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. The cases typically involve a party who is at the fault (defendant) and an injured party known as the plaintiff. Your attorney will review all medical records along with other documents, to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case the judge awards the plaintiff money to pay damages. These funds can be awarded as lump sums or spread over a time period or as part of an agreed settlement. These funds are known as compensatory damages. There are two kinds: special and general. Special damages are costs that can be itemized and quantifiable for example, medical expenses and lost wages. General damages are harder to quantify a dollar amount on, such as suffering and suffering, as well as loss of enjoyment. Keep a journal in which you can record the way your injuries affected your life. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to complete activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is especially true when a business or individual is guilty of criminal intent, fraud, and gross negligence. The court may also award punitive damages to deter others from acting in a similar manner. After a lawsuit has been 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 deny the allegations in the complaint. After the answer has been filed, the case is moved to the phase of fact-finding, also known as discovery. Both parties will exchange information and evidence in this stage including depositions. This stage accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to collect damages. It is essential to speak with a personal injury attorney whenever you can, even if you're not certain whether the incident occurred before the time frame. A statute of limitations is a state law that sets a time limit on the time you must file an injury lawsuit. In many states the statute of limitations begins the date on which the accident or incident caused your injuries. The deadline for filing a personal injury lawsuit is dependent on the individual you are seeking to sue. For example, if you are seeking to sue a municipal government agency (such as a county or city) the deadline is significantly shorter. There are also certain situations that could alter the statute of limitations in your case. If you were exposed toxic substances or were the victim of medical malpractice, for example the statute of limitations can begin when you discover or ought to have known that your injuries are due to negligence. In certain instances, minors are exempt from the statute of limitations. If you file an injury claim after the statute of limitation has expired the defendant will likely inform the court about this and ask that your case be dismissed. In this scenario the court will decide to dismiss your claim summarily without hearing. It is essential to contact an attorney for personal injuries immediately to discuss your situation and determine if you can make a legal claim. Complaint A complaint is a formal legal document filed by a plaintiff which declares 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 obliged to respond within a specific time frame. The defendant is usually able to reject the claim. If the defendant does not respond, a default judgment may be entered for the petitioner. In the majority of cases, personal injury claims involve actual bodily harm. Physical injuries can be expensive, and your attorney will work to ensure you receive compensation for any current medical bills, as well as any future expenses you anticipate. These expenses include medication or home care as well as physical therapy. You may also be able to claim any loss in quality of life that is caused by your injury. This includes things like the inability to walk, drive, or sleep normally. This type of damage is known as suffering and pain. The court will call an initial conference once the complaint is filed. This will be used to schedule any required physical or oral examinations, and also the production of any documents. Following the conference, your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. It will include all your losses including the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will also detail the alleged emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you are seeking. 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 cause or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff files the complaint with a court and sends a copy of the document to the defendant through registered or certified mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the injuries and damages suffered by you in more specific detail. It could include photos of your injuries, medical bills and lost wages. It may also include details of the accident and how the defendant is responsible for the harm you suffered. During the middle part of a lawsuit called “discovery,” each party has the opportunity to ask questions and examine evidence held by the other party. Your attorney will be important in this phase of negotiations since the representatives of the defendant want to have full information before making settlement offers. Your lawyer can also request that you are examined by a physician they select in relation to the damages or injuries you're claiming. If you fail to show up, 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 to go to trial. The judge will then decide on the trial. During the trial, a jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't at fault, the jury will reject your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents like car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like pain and suffering and loss of companionship. In the early stages of your case, your lawyer will research your accident in order to fully comprehend what happened and the magnitude of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at fault. Lawrence injury lawyer will stay in touch with you about any significant developments and negotiations throughout the entire process. After negotiations have failed, your lawyer will submit a formal complaint to the court against the defendant. A complaint is the first official document in a civil suit that identifies the parties, describes the incident, alleges wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. This usually takes one month. Once service is complete and the defendant is required to “answer” the Complaint within a specific time frame, which is typically 30 days. The answer will tell you if the defendant acknowledges the allegations made in the Complaint or denies them. In this stage, your lawyer can submit medical records, documents as well as other evidence in support of your case. The lawyer for the defendant will provide an answer to these documents and the two parties will engage in further negotiations. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to your case can go to trial. However, a substantial portion of personal injury cases settle outside of court. After a settlement has been reached, your lawyer has to pay any companies that have lien on the settlement through a specific account for escrow before he or she will write you a check.