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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these situations, the defendant is usually the person at fault. The plaintiff is typically the victim. Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit, the courts award them money to cover their losses. The money can be awarded as an amount in one lump sum or spread out over a time period or as part of an agreed settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are those that can be quantified that can be itemized, such as medical bills and lost earnings. General damages, like pain and discomfort and loss of enjoyment are more difficult to quantify. Keep a journal in which you can record how your injuries affected you. This will increase your chances of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental stress, and how your injuries impact your ability to take part in the activities you used to take for granted. In a majority of personal injury cases, multiple defendants are accountable. This is particularly true when an individual or business commits gross negligence, fraud, and criminal intent. The court may also give punitive damages to discourage others from acting in a similar manner. The defendants receive a summons with a complaint after a lawsuit has been filed. They are then required to respond which is also known as an answer within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer has been filed, the case enters an investigation known as discovery. The parties will share information and evidence during this stage and may even conduct depositions. This phase takes up the majority of a personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it's likely that you will lose your right to receive damages. It is essential to speak with an attorney for personal injuries whenever you can even if you're unsure sure whether the accident occurred within the time frame. A statute of limitations is a law of the state that provides a time frame for filing a lawsuit. In many states the statute of limitations starts on the date of the incident or accident that led to your injuries. The deadline to file a lawsuit for personal injuries also varies depending on the individual you are seeking to sue. For example, if you are seeking to sue a municipal government entity (such as a county or city) the deadline is much shorter. There are certain circumstances which could change the statute of limitations in your situation. For example, if you were exposed to harmful substances or suffered medical negligence the time limit may begin when you realize, or reasonably should have realized, that your injuries were caused by negligence. In certain instances the statute of limitations can be extended for minors. If you file an injury claim after the time limit has expired the defendant will most likely inform the court and request the case to be dismissed. In this scenario the court will decide to dismiss your claim summarily without hearing. That's why it is important to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a party that asserts a cause of action and seeks the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant must then respond within a set time frame. A defendant will usually reject the claim. If the defendant does not respond, a default judgment may be entered in favor of the petitioner. Most personal injury claims involve actual bodily harm. Your lawyer will ensure that you are compensated both for the medical bills you are currently paying and any future expenses. This includes things like medications or home care, as well as physical therapy. You may also be able to claim any loss in your quality of life that is caused by your injury. This includes the inability to sleep, drive or walk normally. This type of damages is known as suffering and pain. When a complaint is made and the court is notified, they will convene a preliminary conference to set the date for the mandatory oral and physical examinations as well as any document production. Your lawyer will prepare the Bill of Particulars. This is a thorough report of your injuries. This will include the losses you have suffered including your current and future medical expenses, lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment, as well as any other damages not monetary you seek. If your case is found to have probable cause, you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision. Summons The formal process of a lawsuit begins with a summons and complaint. YouTube submits a complaint to the court and sends the defendant a copy by certified or registered post within a specified time. The defendant must respond, or they risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which details the injuries and damages you've suffered more fully. This may include photos of your injuries, medical bills and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for the harm you suffered. In the middle of a lawsuit, referred to as “discovery”, each party has the opportunity to ask questions and review evidence provided by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, therefore your attorney plays a significant role in negotiations during this stage. Your lawyer can also request that you undergo an examination by any doctor they choose regarding the damages and injuries you're claiming. If you fail to take part, the judge may dismiss your case or require that you pay the defendant for their examination costs. After discovery and inspection, attorneys on both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is 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 responsible and the jury awards you damages. If the defendant is not at fault and the jury decides to deny your claim. Trial A personal injury case encompasses a range of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit could also be filed for physical injuries such as pain and discomfort and loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the beginning stages of the investigation to determine the exact cause and extent of your injuries. He or she will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will keep you up-to the minute on any negotiations or important developments throughout the process. If negotiations don't work and your lawyer is unable to resolve the issue, he will file a formal complaint in court against defendant. A Complaint, which is the first official document of a civil suit, lists all parties, details the incident, and claims that there was wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. This usually takes around a month. After service has been completed the defendant has to “answer” the Complaint within a set time frame, which is typically 30 days. The answer will reveal whether the defendant denies or admits the allegations made in the Complaint. During this stage your lawyer will submit medical records, documents and other evidence to support your case. The attorney representing the defendant will then respond to these documents and the two sides will start negotiations. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to your case is put to trial. A significant portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any businesses that have liens on the monetary settlement out of a separate escrow account before he or will issue you an official check.