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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. These cases often involve a party who is at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will review all medical records and other documentation, in order to determine the totality and cost of your injuries and damage. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit, the courts award them funds to cover their losses. These funds may be awarded in one lump sum or spread over time 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 the ones that can be quantified that can be categorized 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 in which you can record the way your injuries affected you. This increases your chances of receiving maximum compensation for the non-economic damages. This includes the effect on your relationships, pain levels throughout the day as well as mental anxiety and your ability to do activities you used to take for granted. In the full details there are many defendants. This is most common when a person or business acts with criminal intent, fraud or gross negligence. The court may also award punitive damages to deter others from acting in a similar manner. The defendants will receive a summons along with a complaint after the lawsuit has been filed. They will then be required to respond, also known as an answer, within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. This is the time when the parties exchange pertinent information and evidence, which includes taking depositions under oath. This is the majority of a personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it's likely that you'll lose your right to receive damages. It is important to consult an attorney for personal injuries whenever you can, even if you're not certain whether the incident occurred before the timeframe. A statute of limitations is a law in a state that provides a time frame for filing a lawsuit. In the majority of states the statute of limitations starts with the date of the incident or accident which caused your injuries. The time limit to file a lawsuit also depends on the party you are suing. For instance, if would like to sue a local government agency (such as a county or city), the deadline is shorter. There are certain circumstances that could alter the statute of limitation in your case. For example, if you were exposed to harmful substances or suffered medical negligence, the time limit may begin when you realize or should have realized, that your injuries were the result of negligence. In some cases, the statute of limitations may be extended for minors. If you file a personal injury claim after the time limit has expired the defendant will most likely point this out to the court and ask for the dismissal of your lawsuit. If this occurs, the court will summarily dismiss your claim without a hearing. It is important to consult an attorney for personal injuries as soon as you can to discuss your case to determine if you have an official claim. Complaint A complaint is a formal legal document that is filed by a party who claims a cause of action and seeks the judicial remedy. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. In general the case, a defendant will not respond to the claim. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf. In the majority of cases, personal injury claims can result in bodily injury. Physical injuries can be very expensive, and your attorney will work to ensure you get paid for any existing medical bills and any future expenses you anticipate. These costs include medical expenses as well as home care and physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes things such as the inability to walk, sleep or drive normally. This type of damage is referred to as pain and suffering. The court will set up an initial conference once the complaint is filed to schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will then draft the Bill of Particulars. This is a detailed report 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 and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you are seeking. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court is not in jurisdiction, you may appeal the decision. Summons The formal process of a lawsuit begins with a summons and complaint. The plaintiff files a complaint with the court and sends the defendant a copy of the complaint via certified or registered post within a specific 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 describes the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical bills and lost wages. The document will also contain information about the accident and how you think the defendant is accountable for the injury. During the middle phase of a lawsuit, called “discovery” in which each party has the opportunity to ask questions and examine evidence presented by the opposing party. Your attorney will be important during this stage of negotiations because the defendant's representatives want full information before making settlement offers. Your lawyer can also ask to have you examined by a doctor of their choosing in relation to the injuries and damages you're claiming. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After discovery and inspection, attorneys from both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then determine a trial date. During the trial the jury will decide if the defendant is responsible for the accident and injuries. If the defendant is at fault, the jury may award you damages. If the defendant is not liable then the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander) and physical injury from accidents, such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical such as discomfort and pain, as well as loss of companionship. In the beginning of your case, your lawyer will research your accident in order to fully comprehend what occurred and the extent of your damages. Then, he or she will work with the insurance company of the at-fault company. Your attorney will stay in contact with you regarding any significant developments and negotiations throughout the process. Once negotiations have failed and your lawyer has to submit a formal complaint to the court against the defendant. A Complaint, the first official document of civil lawsuits, names all parties, outlines the incident and alleges wrongdoing. It also seeks compensation. The complaint must be served personally which means it must be physically handed to the defendant. It usually takes about one month. Once service is complete the defendant has to “answer” the Complaint within a specific date, which is usually 30 days. The answer will tell you if the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. During this time your lawyer may submit medical records, documents and other evidence to support of your case. The defendant's attorney will respond to these documents and the two sides will begin further negotiations. If the parties can't reach an agreement, mediation or arbitration could be required before the trial can be held. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any company with liens on your monetary award from a special money escrow before distributing an actual check.