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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. The cases typically involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through your medical records and other documents to determine the extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury case the courts award them money to cover their losses. The funds may be awarded as a lump sum or spread over a time period in an agreed settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are those that can be itemized and quantifiable, such as medical expenses and lost wages. General damages are difficult to put a dollar amount on, such as suffering and suffering, as well as loss of enjoyment. 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 the 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 take part in the activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is most common when a person or business commits reckless negligence, fraud, and criminal intent. The court may also award punitive damage to deter other people from engaging in the same manner. The defendants are served with a summons along with a complaint after a lawsuit has been filed. They must file a response which is also known as an answer, within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. This is when both parties will exchange relevant information and evidence, as well as taking depositions under an oath. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is likely that you will lose the right to damages. It is important to consult a personal injury attorney as soon as possible even if you're not sure whether the accident occurred within the timeframe. A statute of limitations is a state law that sets a time limit on how long you have to bring a lawsuit for injury. In the majority of states the statute of limitations starts on the date that the accident or incident led to your injuries. The deadline for filing a lawsuit for personal injuries also varies depending on the person you are suing. For instance, if you are seeking to sue a municipal government entity (such as a county or city) the deadline is shorter. There are other situations that could alter the time limit in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for instance, the statute of limitation may begin when you discover or reasonably should have known that your injuries are the result of negligence. In some cases minors are exempt from the statute of limitations. If you make a claim for injury after the statute of limitation has expired the defendant will likely inform the court of this and request to dismiss your claim. In this scenario the court will decide to dismiss your claim summarily without hearing. It is important to consult an attorney for personal injuries immediately to discuss your case to determine if you are eligible to file an official claim. Complaint A complaint is a legal formal document filed by a person who declares an action, and a demand for legal relief. The complaint should also state the type of relief the plaintiff seeks. The defendant must then respond within a specific time frame. A defendant is likely to deny the claim. If the defendant does not respond, default judgment can be entered in the petitioner's favor. In the majority of cases, personal injury claims involve actual bodily harm. Your attorney will make sure that you get paid for your current medical bills and any future costs. These costs include medical expenses 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 the inability to walk, drive or sleep normally. This kind of injury is known as suffering and pain. When a complaint is made and the court is notified, they will convene a preliminary conference to schedule mandatory physical and oral examinations as well as any document production. Your lawyer will then draft the Bill of Particulars. It is a thorough description of your injuries. It will include all your losses including the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will also detail the possible emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you're seeking. If the case is deemed to have probable cause, your case will be scheduled for a public hearing. If your complaint is dismissed due to a finding of no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff files the complaint with a court and sends a copy of the document to the defendant by registered or certified mail within a specific timeframe. The defendant has to respond or risk a default judgement against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. This could include photos of your injuries, medical bills and lost wages. It also contains details about the accident and how the defendant is accountable for your injuries. During the middle phase of a lawsuit, also known as “discovery” in which each party is able to ask questions and look over evidence presented by the other party. Greenville injury lawyer will be crucial during this stage of negotiations as the representatives of the defendant want to have full information before making settlement offers. Your lawyer may also request to see you by a doctor they choose for the damages or injuries you're claiming. If you fail to show up, the court may dismiss your case. Or, they may require that you pay for the doctor's examination costs. After discovery and inspection have been completed, attorneys on both sides may file a document known as the “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then schedule the trial. During the trial the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is accountable, the jury will award you damages. If the defendant is not accountable, the jury will deny your claim. Trial A personal injury claim can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed over physical injuries, such as suffering and pain, as well as loss of companionship. In the early stages of your case the lawyer will investigate the accident to determine what happened and the magnitude of your damages. Then, he or she will negotiate with the insurance company. Your attorney will keep you informed and up to current on any negotiations and important developments throughout the process. If negotiations are unsuccessful, your lawyer will file an official complaint in court against defendant. A complaint is the first official document in a civil suit that identifies the parties, details the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. It usually takes about a month. Once service is complete and the defendant is required to “answer” the Complaint within a specific date, which is usually 30 days. The answer is whether the defendant is willing to admit the allegations made in the Complaint or denies them. During this stage your lawyer could submit medical records, documents as well as other evidence to prove your case. The defendant's attorney will respond to these documents and the two sides will begin negotiations. If the parties are not able to reach an agreement the mediation or arbitration process could be required prior to your case can go to trial. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any company with liens on your monetary award from a special account before distributing an actual check.