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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these instances the defendant is typically the person responsible for the incident. The plaintiff is typically the injured party. Your lawyer will go through your medical records and other documentation to determine the extent of your injuries, costs and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury case, the judge gives the plaintiff money to pay damages. The funds may be awarded in a lump sum or spread over a period of time, as part if an agreed settlement. These funds are also known as compensatory damages. There are Suggested Reading of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized, such as medical bills and lost earnings. General damages are harder to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment. Keep a diary to record how your injuries affected your life. This will increase your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, your daily pain levels, and episodes of mental stress and how injuries affect your ability to engage in activities that you used to take for taken for granted. In many personal injury cases, multiple defendants are responsible. This is most common when a business or individual commits criminal intent, fraud, and gross negligence. The court can also award punitive damages to deter others from acting in a similar way. The defendants will receive a summons with an accusation once the lawsuit has been filed. They are then required to file a response which is also known as an answer within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed, the case moves to the phase of fact-finding, also known as discovery. This is when the parties exchange pertinent information and evidence, including depositions under an oath. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is likely that you'll lose your right to receive damages. This is why it's important to consult an attorney for personal injury about your case as early as possible, even if you are not sure if the accident occurred within the timeframe. A statute of limitation is a law in a state that sets a deadline for filing a lawsuit. In many states the statute of limitations begins on the date that the accident or incident led to your injuries. The time limit for filing a lawsuit for injury is dependent on the person you are 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 is shorter. In addition there are certain circumstances that could alter the statute of limitations in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize or reasonably should have known that your injuries are due to negligence. In certain cases minors are not subject to the statute of limitations. If you make an injury claim after the statute of limitations has expired Your defendant is likely to tell the court about this and request that your lawsuit be dismissed. If this happens, the court will dismiss your claim on the spot without a hearing. This is why it's crucial to speak with a seasoned personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is an official legal document that is filed by a party that asserts a cause of action and seeks judicial relief. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant must then respond within a specific time period. In general the case, a defendant will reject the claim. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf. Most personal injury claims are based on actual bodily injury. Your attorney will make sure that you get paid for medical bills currently incurred and any future costs. These include things like medication as well as home care and physical therapy. In addition, you can claim compensation for any loss in quality of life caused by your injuries. This includes things like the inability to walk, drive, or sleep normally. This kind of injury is known as suffering and pain. The court will schedule an initial conference once the complaint is filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Following the conference your lawyer will draft the Bill of Particulars. It is a thorough description of your injuries. It will include all of your losses including the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life and any other damages not monetary you're seeking. If your case is deemed to have probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via registered or certified mail within a certain time frame. The defendant has to respond, or else risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which describes the injuries and damages you've suffered more fully. It could include photos of your injuries, medical bills and lost wages. It also contains details about the accident and how the defendant is accountable for the harm you suffered. During the middle phase of a lawsuit, also known as “discovery” the parties has the opportunity to ask questions and review evidence provided by the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, so your attorney plays a significant role in negotiations during this time. Your lawyer can also ask that you be examined by a doctor of their choosing in relation to the damages and injuries you're claiming. If you fail to attend, the court could dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After discovery and inspection have been completed, the lawyers on both sides can submit a document referred to as the “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide the trial date. During the trial, the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not accountable then the jury will deny your claim. Trial Personal injury claims can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit may also be filed for non-physical injuries, such as pain and discomfort and loss of companionship. In the initial stages of your case the lawyer will investigate the accident to determine what happened and the magnitude of your injuries. Then, he will negotiate with the insurance company. Your lawyer will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process. If negotiations fail and your lawyer has to submit a formal complaint to the court against the defendant. A complaint, the first official document in a civil suit, identifies all parties, details the incident and lays out allegations of wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. This usually takes approximately a month. Once service is complete, the defendant must “answer” the Complaint within a set date, which is usually 30 days. The answer will explain whether the defendant denies or admits the allegations in the Complaint. In this phase, your lawyer may submit documents, medical records as well as other evidence to prove your case. The attorney representing the defendant will then respond to these documents and the two sides will begin discussions. If the parties are unable to reach an agreement the mediation or arbitration process could be required prior to your case goes to trial. However, a significant percentage of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award from a special money escrow before distributing an actual check.