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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. In these cases the defendant is usually the person who is at fault. The plaintiff is typically the party who is injured. Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury case the court gives them money to pay for damages. 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 of compensatory damages: special and general. Special damages are measurable costs that can be listed for medical expenses and lost earnings. General damages are more difficult to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment of life. Writing down the way your injuries have affected you you can help improve your chances of obtaining the most money for damages that are not economic. This includes the effect on your relationships, pain levels throughout the day as well as mental anxiety and your ability to do things you once took for granted. In many personal injury lawsuits there are many defendants. This is especially true when a person or business acts with criminal intent, fraud or gross negligence. The court may also make punitive damages in order to discourage others from acting in a similar way. The defendants will receive a summons along with a complaint after a lawsuit is filed. The defendants are required to submit a response (also called an answering) within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will exchange information and evidence during this phase including depositions. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit. 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 claim damages. It is important to consult a personal injury attorney as soon as possible even if you're unsure certain if the incident occurred before the time frame. A statute of limitations is a state law that sets a time limit on how long you have to make an injury lawsuit. In the majority of states the statute of limitations begins on the date that the accident or incident led to your injuries. The deadline to file a lawsuit for personal injury also varies depending on the person you're seeking to sue. If you intend to sue an entity that is a part of the 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 situation. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain cases the statute of limitations may be extended for minors. If you make a claim for injury after the statute of limitations has expired Your defendant is likely to tell the court about this and ask that your case be dismissed. In this scenario the court will decide to dismiss your claim without hearing. This is why it's important to consult an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document filed by a person who declares a cause of action and demands legal relief. The complaint should also state the type of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specific timeframe. The defendant is usually able to decline to respond. If the defendant fails to respond, a default judgment could be made in favor of the petitioner. Personal injury claims are generally based on actual bodily harm. Physical injuries can be expensive, and your lawyer will work to ensure that you receive compensation for any current medical bills and any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as suffering and pain. The court will set up a preliminary conference when the complaint is filed. This will be used to schedule any required oral or physical examinations, and also the production of any documents. After the conference your lawyer will draft a Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered which include the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other non-monetary damages that you are seeking. If the case is deemed to be probable cause, your case will be scheduled for public hearing. If your complaint is rejected because of a determination of no probable reason or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy via certified or registered post within a specific time. The defendant has to respond, or they risk a default judgement against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in more detail. This could include photos of your injuries, medical expenses and lost wages. The document also includes information regarding the accident and why you think the defendant is responsible for the damage. In the middle of a lawsuit, called “discovery” the parties has the opportunity to ask questions and look over evidence provided by the other party. The defendant's representatives will want to have complete information before making settlement offers, and your attorney plays a significant role in negotiations during this time. Your lawyer can also request that you be examined by the doctor of their choice in relation to the damages and injuries you're seeking. If you fail to attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After the discovery and inspection process is completed, attorneys on both sides may submit a document referred to as an “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then schedule a trial. During the trial the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is at fault the jury could award you damages. If the defendant isn't accountable and the jury denies your claim. Trial A personal injury claim encompasses a range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. In addition, lawsuits may also be filed over non-physical injuries like the suffering of others and loss of companionship. In the beginning of your case, your lawyer will research your accident in order to fully comprehend the cause of the incident and the extent of your injuries. Then, he will work with the insurance company of the at-fault company. Your attorney will stay in touch with you about any significant developments and will also negotiate throughout the entire process. After negotiations don't work the lawyer will file a formal complaint in the court against defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, describes the incident and alleges wrongdoing. Everett injury lawyers demands compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. This usually takes around one month. Once service is complete and the defendant is required to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or denies them. At this point your lawyer could submit documents, medical records and other evidence to support your argument. The attorney representing the defendant will respond to these documents and the two sides will start negotiations. If the parties are unable to come to an agreement, mediation or arbitration could be required prior to a trial can take place. However, a substantial portion of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any companies with liens on the monetary settlement out of a separate account for escrow before he or they can issue an official check.