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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These cases often involve a person who is 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, costs and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury case, the courts award them money to cover their losses. The funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be quantified that can be listed, such as medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify. Keeping a journal detailing how your injuries have affected your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to perform activities you used to take for granted. In many personal injury cases, multiple defendants are responsible. This is most common when a business or person is guilty of fraud, criminal intent, and gross negligence. The court may also give punitive damages to discourage others from committing the same manner. After a lawsuit has been filed the defendants will be served with a summons and complaint. They must file a response which is also known as an answer within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer has been filed, the case is moved to the phase of fact-finding, also known as discovery. This is when both parties will share relevant information and evidence, including taking depositions under oath. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired you could lose the right to claim damages. That's why it's crucial to consult an attorney for personal injury about your case as early as possible, even if you are not certain if the incident occurred within the timeframe. A statute of limitation is a law of the state that establishes a deadline for filing lawsuits. In the majority of states the statute of limitations starts on the date of the incident or incident led to your injuries. The deadline to file a personal injury lawsuit also varies depending on the individual you are seeking to sue. For instance, if would like to sue a local government agency (such as a city or county), the deadline is significantly shorter. In addition there are certain circumstances which could change the statute of limitations in your case. For instance, if were exposed to harmful substances or a victim of medical malpractice The statute of limitations may start when you realize or should have realized that your injuries were caused by negligence. In certain instances, the statute of limitations may be extended for minors. If you file a claim for injury after the statute of limitation has expired the defendant will likely inform the court about this and ask that your lawsuit be dismissed. In this instance the court will decide to dismiss your claim summarily without hearing. This is why it's important to talk with an experienced personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is an official legal document filed by a party that alleges a cause for action and seeks the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a specific timeframe. In general the case, a defendant will deny the claim. If the defendant fails to respond, a default judgment may be entered for the petitioner. Personal injury claims are typically based on actual bodily harm. Your attorney will ensure that you receive compensation for your current medical bills as well as any future expenses. These costs include medical expenses or home care as well as physical therapy. You can also claim any loss in quality of life caused by your injury. This includes things like being unable to walk, sleep or drive normally. This kind of damage is known as suffering and pain. The court will schedule the preliminary conference after the complaint has been filed. The court will schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will then draft an Bill of Particulars. It will provide a full description of your injuries. This will include your losses including your future and current medical expenses as well as lost wages and property damage. Your lawyer will also detail the alleged emotional distress or disfigurement, loss of enjoyment of life, and any other non-monetary damages you are seeking. If your case is deemed to be probable cause, you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff file a complaint with the court and sends the defendant a copy by registered or certified mail within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which describes the damages and injuries you've sustained more fully. This could include photos of your injuries, medical bills and lost wages. The document will also contain information about the accident and how you believe the defendant is responsible for the damage. During the middle phase of a lawsuit, referred to as “discovery” the parties is given the chance to ask questions and look over evidence provided by the opposing party. Bellflower injury lawsuit of the defendant will want to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time. Your lawyer can also ask that you be examined by any doctor they choose in regard to the injuries and damages you're claiming. If you do not take part, the judge may dismiss your case or order that you pay the defendant the cost of their examination. Once discovery and inspection are completed, lawyers on both sides can submit a document referred to as a “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then decide on a trial. During the trial, a jury will decide if the defendant is at fault for the accident and your injuries. If the defendant is to blame, the jury may award you damages. If the defendant is not accountable and the jury denies your claim. Trial A personal injury lawsuit encompasses a range of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit can also be filed for non-physical injuries, such as pain and discomfort and loss of companionship. In the early stages of your case, your lawyer will research your accident to fully understand the cause of the incident and the extent of your losses. Then, he or she will work with the at-fault party's insurance company. Your attorney will keep in contact with you regarding any significant developments and negotiations throughout the entire process. After negotiations have failed and your lawyer has to submit a formal complaint to the court against the defendant. A complaint, the first official document filed in a civil suit, identifies all parties, outlines the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be served personally and must be delivered physically to the defendant. It typically takes approximately a month. After service, the defendant will have 30 days to “answer” the Complaint. 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 provide medical records, documents and other evidence to back your case. The attorney representing the defendant will then respond to these documents, and then the two sides will start further negotiations. If the parties can't come to an agreement, mediation or arbitration may be required prior to a trial can take place. However, a significant percentage of personal injury cases settle out of court. Your lawyer must first pay any businesses that have liens on your award from a specific account before distributing the check.