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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these cases, the defendant is usually the person responsible for the incident. The plaintiff is typically the victim. Your attorney will examine your medical records and other documents to determine the extent of your injuries, the costs and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury case, the courts award them funds to pay for their damages. The money can be awarded in lump sums or spread over a period of time or as part of an agreed settlement. These funds are referred to as compensatory damages. There are two kinds: general and special. Special damages are those which can be listed and are measurable like medical expenses and lost wages. General damages are difficult to quantify a dollar amount on, such as pain and suffering and loss of enjoyment. Keep a diary to record how your injuries affected you. This will increase your chances of receiving the most compensation for noneconomic damages. This includes the effect on your relationships, pain levels throughout the day as well as mental anxiety and your ability to complete things you once took for granted. In many personal injury lawsuits there are many defendants. This is especially common when an individual or business acts with reckless negligence, fraud, and criminal intention. The court can also give punitive damages to discourage others from committing the same way. When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants will be required to provide a response (also called an answering) within 30 days. Typically, defendants deny the allegations in the complaint. Once the answer is filed, the case will enter an investigation stage, known as discovery. This is when both parties will share relevant information and evidence, as well as taking depositions under an oath. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations has expired, you will likely lose the right to collect damages. It is important to consult an attorney in personal injury as soon as possible even if you're unsure certain whether the incident occurred within the time frame. A statute of limitations is a law of the state that sets a deadline for filing lawsuits. In the majority of states, a 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 is dependent on the person you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as a county or city), the deadline is shorter. There are also certain situations that may change the statute of limitation in your case. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation may begin when you discover or reasonably should have known that your injuries are the result of negligence. In some cases, the statute of limitations may be extended for minors. If you file a personal injury claim after the time limit has expired the defendant will most likely point this out to the court and request the dismissal of your lawsuit. In this instance the court will decide to dismiss your claim in a hurry without a hearing. This is why it's crucial to consult 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 party who alleges a cause for action and demands judicial relief. The complaint should also state the type of relief the plaintiff seeks. The defendant is then obliged to respond within a specified time frame. A defendant will usually decline to respond. If the defendant fails to respond to the claim, a default judgement may be granted for the petitioner. Most personal injury claims can result in bodily harm. Your lawyer will ensure that you receive compensation for medical bills currently incurred and any future expenses. These expenses include medication, home care, and physical therapy. You may also be able to claim any loss in quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as pain and suffering. The court will call an initial conference once the complaint is filed to schedule any mandatory oral or physical examinations, as well as the production of any documents. After the conference your lawyer will draft a Bill of Particulars. It is a comprehensive account of your injuries. This will include the losses you have suffered including your future and current medical costs as well as lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in your life and any other damages that are not monetary that you're seeking. If your case is found to be a probable cause, you will be scheduled for an open hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision. YouTube begins with a summons as well as a complaint. The plaintiff files a complaint with the court and then sends the defendant a copy by certified or registered post within a specified time. The defendant has to respond or risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the injuries and damages you've suffered more fully. This may include photos of your injuries, medical expenses and lost wages. The document also contains details about the accident and how you think the defendant is accountable for the damage. In the middle of a lawsuit, referred to as “discovery” the parties is able to ask questions and look over evidence presented by the other party. Your lawyer will be crucial in this phase of negotiations as the representatives of the defendants want full information before making settlement offers. Your lawyer can also request to have you examined by any doctor they choose in regard to the damages and injuries you're claiming. If you don't take part, the judge may dismiss your case or order that you pay the defendant the cost of their examination. After a 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 prepared to go to trial. The judge will then decide the trial date. During the trial, the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is accountable and the jury awards you damages. If the defendant isn't accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit could also be filed for physical injuries such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct research on the accident during the beginning stages of the case to determine the exact nature and severity of your injuries. He or she will then discuss the matter with the insurance company of the party at fault. Your attorney will stay in touch with you on any significant developments and discussions throughout the process. Once negotiations have failed and your lawyer has to file a formal complaint in the court against the defendant. A complaint, the first official document of a civil suit, identifies all parties, outlines the incident, and claims that there was wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. It usually takes about approximately a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations contained in the Complaint. During this stage your lawyer will provide medical records, documents and other evidence to back your case. The lawyer representing the defendant will submit a response to these documents and the two sides will then engage in further discussions. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to a trial can take place. A significant number of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer has to pay any businesses that have liens on the monetary settlement through a specific escrow account before he or they can issue a check.