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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. In these cases the defendant is typically the one who is at fault. The plaintiff is typically the victim. Your lawyer will go through all medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damage. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury lawsuit, the courts award them money to pay for their damages. The funds may be awarded as an amount in one lump sum or spread over a time period in an agreed settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are measurable costs that can be categorized like medical bills and lost earnings. General damages are more difficult to place a dollar value on, like the suffering and pain, and the loss of enjoyment of life. Writing down the way your injuries have affected you the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels and bouts of mental anxiety and how your injuries impact your ability to participate in activities that you used to take for taken for granted. In many personal injury cases, more than one defendants are responsible. This is especially true when a person or business commits fraud, criminal intent and gross negligence. The court can also award punitive damages to discourage others from engaging in the same manner. When a lawsuit is filed the defendants will be served with a summons and complaint. They are then required to file a response or answer within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed the case will move to a fact-finding stage known as discovery. This is the time when the parties exchange pertinent information and evidence, which includes taking depositions under oath. This phase takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations runs out you could lose the right to collect 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 you're not sure if the incident occurred before the deadline. A statute of limitations is a law of the state that sets a deadline on the time you can bring a lawsuit for injury. In the majority of states, the statute of limitations begins at the time of the accident or incident that led to your injuries. The time frame for filing an injury lawsuit is dependent on the person you are seeking to sue. For instance, if you are seeking to sue a municipal government agency (such as a county or city) the deadline is much shorter. Additionally, there are certain situations which could change the statute of limitations in your particular case. For instance, if were exposed to harmful substances or a victim of medical malpractice the time limit may begin when you realize or ought to have realized, that your injuries were caused by negligence. In certain instances, minors are exempt from the statute of limitations. If you submit a claim for injury after the statute of limitations has expired, your defendant will likely inform the court about this and ask to dismiss your claim. In this instance the court will decide to dismiss your claim summarily without a hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your case to determine if you are eligible to file an official claim. Complaint A complaint is a formal legal document filed by a person who declares an actionable cause, and a demand for legal relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified time period. In general the case, a defendant will reject the claim. If the defendant fails to respond, a default judgment could be entered in the petitioner's favor. Most personal injury claims can result in bodily injury. Physical injuries can be very costly, and your attorney 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 for any loss in your quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damage is known as pain and suffering. The court will set up the preliminary conference after the complaint is filed to schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will then prepare the Bill of Particulars. This is a detailed account of your injuries. It will include all of your losses, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will also describe the possible emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you are seeking. If the case is deemed to be a probable cause, your case will be scheduled for public hearing. If your complaint is dismissed due to a determination of no probable reason or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file a complaint with the court and sends the defendant a copy of the complaint via certified or registered post within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in greater detail. It could include photographs of your injuries, medical bills and lost wages. It also contains details about the accident and how the defendant is responsible for the harm you suffered. During the middle phase of a lawsuit, also known as “discovery”, each party is able to ask questions and examine evidence held by the opposing party. The defendant's representatives will need to have complete information before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time. Your lawyer may also request 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 require that you pay the defendant the cost of their examination. After a discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then decide on the trial. During the trial the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not liable, the jury will reject your claim. Trial Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries such as the suffering of others and loss of companionship. You Tube will conduct a thorough investigation on your accident in the beginning stages of the investigation to determine the exact cause and the extent of your injuries. The lawyer will then engage with the insurance company of the party at the fault. Your lawyer will keep you informed and up to the minute on any negotiations or important developments throughout the process. If negotiations fail the lawyer will file an official complaint in a court against the 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 complaint must be served personally, which means that it must be delivered physically to the defendant. This usually takes approximately a month. Once service is complete the defendant has to “answer” the Complaint within a specified time, which is usually 30 days. The answer will tell you if the defendant acknowledges the allegations in the Complaint or denies them. At this point your lawyer will provide medical records, documents and other evidence to back your case. The lawyer representing the defendant will submit a response to these documents and the two sides will then engage in further discussions. If the parties cannot come to an agreement, mediation or arbitration could be required before trial can begin. However, a substantial portion of personal injury cases settle outside of court. When a settlement is reached, your lawyer has to pay any businesses that have lien on the award out of a special account for escrow before he or she will write you a check.