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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. The cases typically involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review your medical records and other documentation 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 When a plaintiff wins a personal injury lawsuit, the courts award them funds to cover their losses. These funds can be awarded as a lump sum or spread over a period of time, as part if the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be listed, such as medical bills and lost earnings. General damages are harder to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keep a diary to record how your injuries affected you. YouTube will increase your chance of receiving the maximum amount of compensation for any non-economic losses. This includes the impact on your relationships, your daily pain levels, and episodes of mental stress, and how your injuries affect your ability to take part in activities you once took for taken for granted. In many personal injury lawsuits there are multiple defendants. This is especially true when a business or individual commits criminal intent, fraud and gross negligence. The court can also award punitive damage to discourage others from doing the same thing. When a lawsuit is filed and the defendants are served with a summons and complaint. They must submit a response, also known as an answer, within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case moves to the phase of fact-finding, also known as discovery. Both parties will exchange information and evidence during this phase including depositions. This is the stage that accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you will lose the right to damages. It is crucial to speak with an attorney in personal injury as soon as you can, even if you're not certain if the incident occurred within the time frame. A statute of limitations is a law of the state that establishes a deadline for filing an action. In most states the statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline to file a personal injury lawsuit is dependent on the individual you are suing. For instance, if would like to sue a local government entity (such as a county or city) the deadline is shorter. In addition, there are certain situations which could change the statute of limitations in your situation. For example, if you were exposed to toxic substances or suffered medical negligence The statute of limitations could begin when you realize, or reasonably should have realized, that your injuries were the result of negligence. In certain cases, minors are exempt from the statute of limitation. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and ask for the dismissal of your lawsuit. In this scenario, the court will dismiss your claim without a hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your case and determine if you are eligible to file an official claim. Complaint A complaint is a formal legal document filed by a person who alleges a cause for action and seeks judicial relief. The complaint should also state the kind of compensation the plaintiff seeks. The defendant is then required to respond within a certain timeframe. A defendant is likely to reject the claim. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner. Personal injury claims are generally founded on bodily injury. Your attorney will make sure that you receive compensation for your current medical bills and any future expenses. This includes things like medications or home care, as well as physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is called pain and suffering. The court will call a preliminary conference when the complaint is filed. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. After the conference, your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered including the cost of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in your life and any other non-monetary damages that you are seeking. If the case is deemed to have probable cause the case will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and a complaint. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a specified time frame. The defendant has to respond, or they risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the damages and injuries you've sustained more fully. This may include photos of your injuries, medical expenses and lost wages. It also contains details about the incident and the manner in which the defendant is responsible for your injuries. During the middle phase of a lawsuit, also known as “discovery” the parties is given the chance to ask questions and look over evidence held by the other party. Your attorney is crucial in this stage of negotiations as the representatives of the defendants want full information before making settlement offers. Your lawyer may also request that you be examined by the doctor of their choice in relation to the damages and injuries you're seeking. If you don't take part, the judge may dismiss your case or require that you pay the defendant for the costs of their examination. After the discovery and inspection process is completed, attorneys on both sides can file something called an “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 determine a trial date. During the trial, a jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant isn't accountable then the jury will deny your claim. Trial A personal injury lawsuit involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit could also be filed for physical injuries such as discomfort and pain 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 damages. Then, he will work with the insurance company of the at-fault company. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the process. If negotiations fail, your lawyer will make a formal complaint to court against the defendant. A Complaint is the first official document in a civil suit that identifies the parties, describes the incident, alleges wrongdoing, and seeks compensation. The complaint must be personally served, which means that it must be physically handed to the defendant. It typically takes one month. After service, the defendant has 30 days to “answer” the Complaint. The answer is whether the defendant admits to the allegations made in the Complaint or denies them. During this stage your lawyer will provide medical records, documents and other evidence to support your case. The attorney representing the defendant will respond to these documents, and then the two sides will begin discussions. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to the trial can be held. However, a substantial portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any companies that have lien on the settlement through a specific escrow account before he or they can issue a check.