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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. These lawsuits typically involve a person who is at fault (defendant) and an injured party referred to as the plaintiff. Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury lawsuit the court gives the plaintiff money to pay damages. These funds can be awarded in a lump sum or spread over a time period or as part of an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized, such as medical bills and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of living, are more difficult to quantify. Keep a diary of how your injuries have affected the odds of obtaining maximum compensation for non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to do things you once took for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or person is guilty of criminal intent, fraud, and gross negligence. The court can also make punitive damages in order to discourage others from committing the same manner. The defendants receive an order with a complaint once the lawsuit has been filed. They will then be required to submit a response which is also known as an answer, within 30 days. Typically, the defendants will deny the allegations in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. This is when both parties will exchange relevant information and evidence, including depositions under an 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 limitation expires, it is possible that you will lose the right to damages. It is crucial to speak with an attorney for personal injuries as soon as possible even if you're unsure certain whether the incident occurred within the timeframe. A statute of limitations is a state law which sets a time frame on how long you have to bring a lawsuit for injury. In the majority of states, a statute of limitations begins the date that the accident or incident caused your injuries. The deadline for filing a lawsuit for personal injuries also depends on the person you're suing. If you want to sue an entity that is a part of the municipal government (such as city or county) the deadline will be shorter. There are certain circumstances which could change the time limit in your situation. For example, if you were exposed to harmful substances or a victim of medical negligence, the statute of limitations could begin when you realize or should have realized that your injuries were caused by negligence. In certain instances minors are not subject to the statute of limitation. If you submit an injury claim after the statute of limitation has expired the defendant will likely inform the court of this and ask to dismiss your claim. In this scenario, the court will dismiss your claim in a hurry without hearing. It is crucial to speak with a personal injury lawyer as soon as possible to discuss your case and determine if you can make a legal claim. Complaint A complaint is a formal legal document filed by a plaintiff that alleges an actionable cause, and a demand for legal relief. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specific timeframe. A defendant will usually reject the claim. If the defendant does not respond to the claim, a default judgement may be granted for the petitioner. Most personal injury claims involve actual bodily injury. Your attorney will ensure that you get paid for your current medical bills as well as any future expenses. This includes things like medications or home care, as well as physical therapy. You can also claim any loss in quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This type of damage is known as suffering and pain. When a complaint is made and the court is notified, they will hold a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. Your lawyer will then prepare a Bill of Particulars. This is a detailed report of your injuries. This will include the losses you have suffered including your future and current medical costs as well as lost wages and property damage. Your lawyer will also describe the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other damages that you're seeking. If the case is determined to be probable cause the case will be scheduled for public hearing. If your complaint is dismissed because of a determination of no probable reason or because the court lacks authority, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff files a complaint with the court and then sends the defendant a copy via certified or registered post within a specific time. 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 greater depth. This could include photos of your injuries, medical expenses and lost wages. The document also includes information regarding the accident and why you think the defendant is responsible for the injury. In Arlington injury lawyers of a lawsuit called “discovery,” each party is allowed to ask questions and examine evidence held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, so your attorney will play an important role in negotiations during this phase. 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 don't take part, the judge may dismiss your case, or demand that you pay the defendant the cost of their examination. After a 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 ready for trial. The judge will then set the date for a trial. During the trial the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is liable for the accident, the jury will award you damages. If the defendant is not at fault and the jury decides to deny your claim. Trial A personal injury claim can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. Additionally, lawsuits can also be filed to address physical injuries, such as pain and suffering and loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of the accident to determine what occurred and the extent of your losses. Then, he will work with the insurance company of the at-fault company. Your lawyer will stay in touch with you on any significant developments and negotiations throughout the process. After negotiations have failed, your lawyer will make a formal complaint to the court against the defendant. A complaint, the first official document of a civil suit, lists all parties, details the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. This usually takes around a month. After service has been completed the defendant has to “answer” the Complaint within a specified 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. At this point your lawyer could submit documents, medical records and other evidence to support your argument. The defendant's lawyer will submit an answer to these documents and the two sides will engage in further negotiations. If the parties cannot reach an agreement, then mediation or arbitration could be required prior to the trial can be held. 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 award out of a special escrow account before he or will issue you a check.