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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. These lawsuits typically involve a person at fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through your medical records and other documents to assess the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury case, the courts award them money to pay for their damages. The funds may be awarded in a lump sum or spread out over a time period, as part if the settlement is structured. These funds are referred to as compensatory damages. There are two kinds: general and special. Special damages are costs that can be itemized and are measurable, such as medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of life are more difficult to quantify. Writing down how your injuries have affected the odds of obtaining the most money for damages that are not economic. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to complete activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is most common when a person or business commits fraud, criminal intent and gross negligence. The court may also award punitive damages to discourage others from doing the same thing. The defendants receive a summons with an accusation once the lawsuit has been filed. The defendants must respond (also called an answering) within 30 days. Typically, defendants contest the allegations made in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. This is the time when the parties exchange pertinent information and evidence, including taking depositions under oath. This stage accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you'll lose the right to damages. This is why it's important to speak with a personal injury lawyer about your case early even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a state law which provides a time frame for filing lawsuits. In many states the statute of limitations runs at the time of the incident or accident that caused your injuries. The deadline to file a lawsuit for personal injury is dependent on the person you're suing. If you are suing an entity that is a part of the municipal government (such as city or county) the deadline is shorter. In addition, there are certain situations which could change the statute of limitations in your situation. If you were exposed toxic substances or were the victim of medical malpractice, for example, the statute of limitation may begin when you discover or reasonably should have known that your injuries are due to negligence. In certain instances, the statute of limitations is tolled for minors. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely inform the court and request the case to be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without a hearing. This is why it's important to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document filed by a person who alleges an action and demands the judicial remedy. The complaint must also specify the kind of compensation the plaintiff seeks. The defendant is then required to respond within a specific time frame. A defendant will usually deny the claim. If the defendant does not respond, a default judgment could be made in favor of the petitioner. In the majority of cases, personal injury claims can result in bodily injury. Physical injuries can be expensive, and your lawyer will work to ensure that you receive compensation for any current medical bills as well as any future expenses you anticipate. This includes things like medications or home care, as well as physical therapy. You can also claim for any loss of quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. YouTube of damage is referred to as suffering and pain. The court will call a preliminary conference when the complaint is filed. This will be used to schedule any required physical or oral examinations, and also the production of any documents. After the conference, your lawyer will prepare a Bill of Particulars. It is a comprehensive description of your injuries. This will include your losses including your current and future medical expenses as well as lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in life, as well as any other damages that are not monetary that you're seeking. If your case is found to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal process of a lawsuit begins with a summons and complaint. The plaintiff files a complaint with the court and then sends the defendant a copy via certified or registered post within a specific time. The defendant must respond, or else risk 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 sustained more fully. It could include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is accountable for your harm. During the middle phase of a lawsuit, called “discovery” in which each party is given the chance to ask questions and examine evidence held by the opposing party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, so your attorney will play an important role in negotiations during this stage. Your lawyer can also ask to see you by a physician they select in connection with the damages or injuries you're claiming. If you do not take part, the judge may dismiss your case, or demand that you pay the defendant their examination costs. After a discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then schedule a trial. During the trial, a jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't responsible, the jury will deny your claim. Trial A personal injury claim can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries like pain and suffering and loss of companionship. Your lawyer will conduct an investigation on your accident in the initial stages of the case to determine the exact cause and extent of your injuries. Then, he will negotiate with the at-fault party's insurance company. Your attorney will keep in touch with you on any significant developments and discussions throughout the process. After negotiations are unsuccessful, your lawyer will file a formal complaint in court against defendant. A complaint, the first official document filed in a civil suit, identifies all parties, details the incident, and claims that there was wrongdoing. It also seeks compensation. The complaint must be served personally and must be delivered physically to the defendant. It usually takes about one month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations contained in the Complaint. In this stage your lawyer will be able to submit medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will respond to these documents and the two sides will start negotiations. If the parties are not able to reach an agreement the mediation or arbitration process could be required before your case goes to trial. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any companies that have liens on your award from a special escrow fund before issuing you a check.