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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. In these situations, the defendant is usually the one at fault. The plaintiff is typically the victim. Your attorney will examine your medical records and other documents to determine the extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury lawsuit, the courts award them money to cover their losses. The funds may be awarded in an amount in one lump sum or spread over a time period or as part of a structured settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are those that can be categorized and quantifiable like medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keep a diary of the way your injuries have affected you you can help improve your chance of winning the most money for damages that are not economic. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to perform activities you used to take for granted. In a lot of personal injury cases, multiple defendants are responsible. This is especially true when a business or person is guilty of criminal intent, fraud, and gross negligence. The court can also give punitive damages to discourage others from acting in a similar way. When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants will be required to provide a response (also called an answer) within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. This is when both parties will share relevant information and evidence, as well as depositions under the 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 expires, you will likely lose the right to collect damages. It is essential to speak with an attorney in personal injury whenever you can even if you're not sure whether the accident occurred before the deadline. A statute of limitation is a law in a state that provides a time frame for filing lawsuits. In most states, a statute of limitations begins the date that the accident or incident led to your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the individual you are seeking to sue. For instance, if want to sue a municipal government agency (such as a county or city) the deadline is significantly shorter. There are other situations which could change the time limit in your case. For instance, if you were exposed to harmful substances or suffered medical negligence the statute of limitations may start when you realize, or reasonably should have discovered, that your injuries were the result of negligence. In certain instances the statute of limitations may be extended for minors. If you file an injury claim after the time limit has expired the defendant will likely inform the court and ask for the dismissal of your lawsuit. In this scenario, the court will dismiss your claim in a hurry without hearing. This is why it's important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is an official legal document that is filed by a party that claims a cause of action and demands judicial relief. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant is then required to respond within a specific time frame. A defendant will usually reject the claim. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf. Personal injury claims are typically caused by bodily injury. Your attorney will ensure that you get paid for the medical bills you are currently paying as well as any future expenses. These include things like medication or home care, as well as physical therapy. You can also claim any loss in quality of life caused by your injury. This includes things like the inability to walk, drive, or sleep normally. Richardson injury lawyers of injury is referred to as pain and suffering. The court will set up the preliminary conference after the complaint has been filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. Your lawyer will prepare an Bill of Particulars. It will provide a full description of your injuries. It will include all your losses, including the costs of your current and future medical bills, lost earnings and property damage. Your lawyer will also describe the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you seek. If your case is found to be a probable cause, you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a certain timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which details the injuries and damages you've suffered more fully. It could include photos of your injuries, medical bills, and lost wages. It also includes details of the accident and how the defendant is accountable for your harm. During the middle phase of a lawsuit, called “discovery” the parties is given the chance to ask questions and examine evidence held by the opposing party. The representatives of the defendant will want to have complete information before making settlement offers, so your attorney plays a significant role in negotiations during this stage. Your lawyer can also ask that you be examined by the doctor of their choice in regard to the damages and injuries you're seeking. If you don't take part, the judge may dismiss your case, or demand that you pay the defendant for the costs of their examination. After discovery and inspection have been completed, the lawyers on both sides may file something called the “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide the trial date. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not accountable, the jury will reject your claim. Trial A personal injury case involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. A lawsuit can also be filed for injuries that are not physical, such as discomfort and pain and loss of companionship. In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend what happened and the magnitude of your injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will stay in touch with you about any significant developments and negotiations throughout the process. If negotiations fail, your lawyer will file an official complaint in a court against the defendant. A Complaint, the first official document filed in a civil suit, identifies all parties, details the incident and alleges wrongdoing. It also requests compensation. The complaint must be personally served which means it must be delivered physically to the defendant. It usually takes about one month. After service is completed, the defendant must “answer” the Complaint within a specific date, which is usually 30 days. The answer will explain whether the defendant denies or admits the allegations contained in the Complaint. During this phase, your lawyer can submit documents, medical records and other evidence to support of your case. The attorney representing the defendant will then reply to these documents and then the two sides will begin further negotiations. If the parties cannot reach an agreement, mediation or arbitration may be required before trial can begin. However, a large percentage of personal injury cases settle out of court. When a settlement is reached, your lawyer has to pay any companies that have lien on the money settlement through a specific account for escrow before he or will issue you a check.