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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 person at the fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through all of your medical records and other documents, to determine the full extent and cost of your injuries and the damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in an injury lawsuit the courts award them money to pay for their damages. These funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: general and special. blog are those that can be itemized and are measurable like medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment of life, are more difficult to quantify. Keep a journal to document the way your injuries affected your life. This will increase your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels and bouts of mental stress and how your injuries impact your ability to take part in the activities you used to take for granted. In a majority of personal injury cases, more than one defendants are at fault. This is most common when a business or individual commits fraud, criminal intent and gross negligence. The court may also award punitive damages to deter others from acting in a similar manner. When a lawsuit is filed, the defendants will receive a summons and complaint. They must submit a response or answer, within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. This is where both parties will share relevant information and evidence, which includes depositions under an oath. This phase takes up the majority of the timeline for personal injuries. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it's likely that you will lose the right to damages. This is why it's important to speak with an attorney for personal injury about your case early on even if you're not sure if the incident occurred before the deadline. A statute of limitations is a state law which provides a time frame for filing a lawsuit. In most states the statute of limitations begins on the date on which the accident or incident caused your injuries. The deadline for filing a personal injury lawsuit also depends on the person you are seeking to sue. For example, if you want to sue a municipal government entity (such as a county or city) the deadline is much shorter. There are certain circumstances that could alter the statute of limitation in your particular case. For instance, if you were exposed to toxic substances or suffered medical malpractice The statute of limitations could begin when you realize, or reasonably should have realized that your injuries were caused by negligence. In certain cases minors are not subject to the statute of limitation. 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 request the dismissal of your lawsuit. If this occurs, the court will summarily dismiss your claim without hearing. This is why it's important to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which declares an actionable cause and demands judicial relief. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a set time period. The defendant is usually able to decline to respond. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf. Personal injury claims are usually based on actual bodily harm. Your attorney will make sure that you are compensated both for medical bills currently incurred as well as any future expenses. These expenses include medication or home care as well as physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes things like the inability to walk, sleep or drive normally. This type of damages is known as suffering and pain. The court will set up the preliminary conference after the complaint is filed. The court will schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then prepare a Bill of Particulars. This is a detailed account of your injuries. It will include your losses including future and present medical costs, lost wages and property damage. Your lawyer will also describe the possible emotional distress, disfigurement, loss of enjoyment of life and any other damages that you are seeking. If the case is found to be probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a specific 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 damages and injuries sustained by you in more detail. This may include photos of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you believe the defendant is accountable for the harm. During the middle part of a lawsuit referred to as “discovery,” each party is allowed to ask questions and look over the evidence of the other party. Your lawyer will be crucial during this stage of negotiations as the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also request to have you examined by a doctor they select for the injuries or damages you're seeking. If you don't show up, the court may dismiss your case. Or order that you pay for the doctor's examination costs. After discovery and inspection have been completed, attorneys on both sides can submit a document referred to as the “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then set a trial date. During the trial, a jury will determine if the defendant is at fault for the accident and injuries. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not liable then the jury will deny your claim. Trial A personal injury claim involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as pain and suffering and loss of companionship. In the initial stages of your case, your lawyer will research the accident to determine what happened and the magnitude of your losses. Then, he or she will work with the insurance company. Your lawyer will keep you up-to date on any negotiations and important developments throughout the process. After negotiations are unsuccessful, your lawyer will file an official complaint in the court against defendant. A Complaint, the first official document of civil lawsuits, names all parties, details the incident and alleges wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. It typically takes one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. During this time, your lawyer can provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will then respond to these documents and then the two sides will begin further negotiations. If the parties can't come to an agreement, mediation or arbitration could be required prior to the trial can be held. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any companies that have lien on your monetary award through a specialized money escrow before distributing a check.