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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. The cases typically involve a person at the fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records and other documents to assess the full extent of your injuries, the costs and 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 case, the courts award them funds to cover their losses. 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: general and special. Special damages are measurable costs that can be itemized, such as medical bills and lost earnings. General damages are harder to place a dollar value on, like the suffering and pain, and the loss of enjoyment. Keep a journal in which you can record 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 effect on your relationships, pain levels throughout the day as well as mental anxiety and your ability to do things you used to take for granted. In many personal injury lawsuits there are many defendants. This is particularly true when a business or an individual acts with reckless negligence, fraud, and criminal motives. The court may also give punitive damages to discourage others from acting in the same way. After a lawsuit has been filed the defendants will be served with a summons and complaint. They are then required to respond which is also known as an answer, within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will exchange information and evidence during this stage and may even conduct depositions. This is the majority of a personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to collect damages. This is why it's important to speak with a personal injury lawyer about your case early on even if you're not certain if the incident happened within the deadline. A statute of limitations is a law of the state that provides a time frame for filing lawsuits. In the majority of states, a statute of limitations begins the date on which the accident or incident led to your injuries. The time frame for filing a lawsuit for injury is dependent on the person you are suing. For instance, if you want to sue a municipal government agency (such as a county or city) the deadline is much shorter. There are also certain situations which could change the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation could begin when you realize or ought to have known that your injuries are the result of negligence. In certain instances, the statute of limitations may be tolled for minors. If you submit a claim for injury after the statute of limitation has expired, your defendant will likely inform the court about this and ask that your case be dismissed. In this scenario the court will dismiss your claim without hearing. This is why it's crucial 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 person who asserts a cause of action and seeks the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant must then respond within a certain timeframe. In general the event of a denial, the defendant will reject the claim. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf. Most personal injury claims can result in bodily harm. Physical injuries can be expensive, and your lawyer will ensure that you are compensated for any existing medical bills and any future costs that are anticipated. These include things like medication, home care and physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. This includes things such as the inability to drive, sleep or walk normally. This kind of injury is known as suffering and pain. If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to plan obligatory oral and physical examinations, as well as any document production. After the conference, your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses including the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life, as well as any other damages that are not monetary that you're seeking. If the case is deemed to be probable cause your case will be scheduled for a public hearing. If your complaint is rejected due to a finding of no probable reason or because the court is not in jurisdiction, you can appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant by registered or certified mail within a specific time frame. The defendant has to respond, or else risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries sustained by you in greater depth. It may include photographs of your injuries, medical bills, and lost wages. Arlington injury lawsuits may also include details of the accident and what the defendant is accountable for the harm you suffered. In the middle of a lawsuit, also known as “discovery,” each party is allowed to ask questions and examine evidence held by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, therefore your attorney will play an important role in negotiations during this time. Your lawyer can also request that you are examined by a doctor they choose in connection with the damages or injuries you're seeking. If you don't show up, 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 process is completed, attorneys on each side 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 ready to go to trial. The judge will then set the date for a trial. During the trial the jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is at fault, the jury may award you damages. If the defendant is not accountable and the jury denies your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander), and physical harm from accidents like car crashes and falls. A lawsuit could also be filed for non-physical injuries such as discomfort and pain and loss of companionship. Your lawyer will conduct research on your accident in the early stages of the case to determine the exact nature and severity of your injuries. Then, he or she will work with the insurance company of the at-fault company. Your lawyer will keep you informed and up to current on any negotiations and significant developments throughout this process. After negotiations have failed and your lawyer has to make a formal complaint to court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, argues for wrongdoing and demands compensation. The complaint must be served personally which means it must be delivered physically to the defendant. This usually takes around one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations made in the Complaint. At this point, your lawyer may submit documents, medical records and other evidence to back your case. The lawyer for the defendant will provide an answer to these documents and the two parties will continue to negotiate. If the parties can't reach an agreement, mediation or arbitration may be required prior to trial can begin. A large portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies that have lien on the award out of a special account for escrow before he or will issue you an official check.