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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these cases the defendant is typically the one responsible for the incident. The plaintiff is usually the victim. Your lawyer will review all medical records along with other documentation, in order to determine the totality and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury claim the court awards the plaintiff a sum of money to cover damages. These funds can be awarded as a lump sum or spread over a period of time, as part if an agreed settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are expenses that can be categorized and quantifiable, such as medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment of living, are more difficult to quantify. Keep a diary of the way your injuries have affected you you can help improve the odds of obtaining maximum compensation for non-economic damages. This includes the effect on your relationships, daily pain levels, mental anguish and your ability to complete things you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a person or business commits criminal intent, fraud, and gross negligence. The court can also award punitive damages to discourage others from doing the same thing. When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants are required to provide a response (also called an answer) within 30 days. Usually, defendants will deny the allegations made in the complaint. Once You Tube is filed the case will move to a fact-finding stage known as discovery. This is when both parties will share relevant information and evidence, including depositions under oath. This stage takes up the majority of the timeline for personal injuries. Statute of limitations If you make a claim for injury after the statute of limitation expires, it is likely that you'll lose your right to receive damages. That's why it is important to consult an attorney for personal injury about your case early even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a law in a state that provides a time frame for filing an action. In the majority of states the statute of limitations begins the date on which the accident or incident caused your injuries. The deadline to file a lawsuit also depends on who you are suing. For instance, if you would like to sue a local government entity (such as a city or county) the deadline is much shorter. Additionally there are certain circumstances that could alter the statute of limitations in your case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance, the statute of limitation can begin when you discover or ought to have known that your injuries are due to negligence. In certain cases, the statute of limitations is tolled for minors. If you submit an injury claim after the statute of limitations has expired the defendant will likely tell the court about this and ask to dismiss your claim. In this scenario the court will decide to dismiss your claim summarily without hearing. That's why it is important to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a party that asserts a cause of action and seeks judicial relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specified time period. In general, a defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be made in favor of the petitioner. In most cases, personal injury claims are based on actual bodily harm. Your lawyer will ensure that you are compensated both for medical bills currently incurred and any future costs. These expenses include medications, home care, and physical therapy. You can also claim any loss in your quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of damage is known as pain and suffering. If a complaint is filed and the court is notified, they will hold a preliminary conference to schedule the mandatory oral and physical examinations, as well as any document production. Following the conference your lawyer will draft the Bill of Particulars. This is a thorough report of your injuries. This will include the losses you have suffered including your future and current medical costs, lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in life as well as any other damages not monetary you seek. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court is not in jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant via certified or registered mail within a specified time frame. 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. It could include photos of your injuries, medical bills, and lost wages. It also includes details of the accident and what the defendant is accountable for your harm. In the middle of a lawsuit, called “discovery” the parties is able to ask questions and look over evidence provided by the other party. Your attorney will be important during this stage of negotiations because the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer may also request that you are examined by a physician they select in connection with the injuries or damages you're seeking. If you fail to attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. After the discovery and inspection, attorneys from both sides can file a form 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 decide on a trial. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you sustained. If the defendant is liable, the jury will award you damages. If the defendant isn't responsible then the jury will dismiss your claim. Trial A personal injury case can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. A lawsuit can also be filed for physical injuries like discomfort and pain, as well as loss of companionship. In the early stages of your case, your lawyer will research your accident in order to fully comprehend what occurred and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party at the fault. Your lawyer will stay in contact with you regarding any significant developments and negotiations throughout the process. Once negotiations have failed and your lawyer has to make a formal complaint to court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, describes the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. It typically takes a month. Once service is complete and the defendant is required to “answer” the Complaint within a specific time, which is usually 30 days. The answer will reveal whether the defendant denies or accepts the allegations made in the Complaint. In this stage your lawyer may submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents and the two parties will continue to negotiate. If the parties are not able to reach a settlement and mediation or arbitration might be required prior to your case is put to trial. A large portion of personal injury cases are settled out of court. When a settlement is reached, your lawyer has to pay any companies that have liens on the monetary settlement out of a separate escrow account before he or they can issue an official check.