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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. In these instances the defendant is typically the person responsible for the incident. The plaintiff is typically the victim. Your lawyer will review your medical records and other documentation, to determine the totality and cost of your injuries and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit, the judge gives them money to pay for damages. The money can be awarded in an amount in one lump sum or spread over a time period in an agreed settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are measurable costs that can be categorized for medical expenses and lost earnings. General damages are more difficult to place a dollar value on, such as the suffering and pain, and the loss of enjoyment of life. Writing down how your injuries have affected the odds of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anguish and how injuries affect your ability to take part in activities that you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is most common when an individual or business commits gross negligence, fraud, and criminal intent. The court can also award punitive damages to deter other people from engaging in the same manner. The defendants are served with a summons along with a complaint after a lawsuit is filed. They will then be required to file a response or answer, within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. The parties will exchange information and evidence in this stage including depositions. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it is possible that you will lose the right to damages. That's why it's crucial to speak with an attorney who specializes in personal injury to discuss your case early on, even if you are not sure if the accident occurred within the timeframe. A statute of limitation is a law of the state that provides a time frame for filing a lawsuit. In most states the statute of limitations runs with the date of the accident or incident that caused your injuries. The deadline to file a lawsuit also depends on the party you are seeking to sue. If you are suing an entity of municipal government (such as a county or city) the deadline will be shorter. Additionally there are certain circumstances that could alter the statute of limitations in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance, the statute of limitation may begin when you discover or ought to have known that your injuries are the result of negligence. In certain instances, the statute of limitations can be extended for minors. If you submit an injury claim after the statute of limitation has expired, your defendant will likely inform the court about this and request to dismiss your claim. In this instance the court will decide to dismiss your claim in a hurry without a hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your situation and determine if you can make a legal claim. Complaint A complaint is a legal document filed by a person who declares an action and demands the judicial remedy. 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 deny the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner. In the majority of cases, personal injury claims can result in bodily injury. Your attorney will ensure that you are compensated both for medical bills currently incurred and any future costs. This includes things like medications as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things such as the inability to walk, drive, or sleep normally. This type of damage is known as pain and suffering. The court will set up a preliminary conference when a complaint has been filed. The court will schedule any mandatory oral or physical examinations as well as the production of any documents. Following the conference your lawyer will draft a Bill of Particulars. It is a thorough description of your injuries. This will include the losses you have suffered including your current and future medical expenses, lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment as well as any other non-monetary damages that you seek. If your case is determined to be 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 lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy via registered or certified mail within a certain time frame. The defendant must respond, or they risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries suffered by you in more detail. It could include photographs of your injuries, medical expenses and lost wages. It may also include details of the accident and what the defendant is responsible for your injuries. During the middle phase of a lawsuit, called “discovery”, each party has the opportunity to ask questions and review evidence presented by the opposing party. Your attorney will be important in this phase of negotiations since the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also ask to see you by a physician they select for the injuries or damages you're claiming. If you fail to attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After discovery and inspection, attorneys on both sides may file a document 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 set a trial date. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you suffered. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not accountable and the jury decides to deny your claim. Trial Personal injury claims can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit can also be filed for injuries that are not physical like pain and discomfort and loss of companionship. Your lawyer will conduct research regarding your accident in the early stages of the case to determine the precise nature and severity of your injuries. The lawyer will then negotiate with the insurance company of the party who is at the fault. Your attorney will keep in touch with you about any significant developments and negotiations throughout the process. If negotiations fail and your lawyer has to make a formal complaint to court against the defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. It usually takes about one month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations in the Complaint. During this phase your lawyer may provide medical records, documents, and other evidence in support of your case. The lawyer for the defendant will provide a response to these documents and the two sides will then engage in further discussions. If the parties are unable to reach an agreement, mediation or arbitration could be required prior to a trial can take place. YouTube of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any businesses that have liens on the monetary award out of a special account for escrow before he or will issue you an official check.