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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 instances the defendant is usually the one who is at fault. The plaintiff is typically the party who is injured. Your lawyer will review all medical records, as well as other documentation, to determine the totality and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury claim, the judge will award them money to pay for damages. These funds can be awarded as an amount in one lump sum or spread over a time period, as part if a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are the ones that can be quantified that can be itemized for medical expenses and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment, are more difficult to quantify. Keeping a journal detailing the way your injuries have affected you your chance of winning maximum compensation for non-economic damages. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to do things you once took for granted. In many personal injury lawsuits there are many defendants. This is most common when an individual or business is guilty of the most blatant negligence, fraud and criminal motives. The court can also award punitive damages to discourage others from engaging in the same manner. After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants must submit a response (also called an answer) within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer has been filed, the case enters the phase of fact-finding, also known as discovery. The parties will share information and evidence during this stage and may even conduct depositions. This is the stage that accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out, you will likely lose the right to claim damages. It is essential to speak with an attorney for personal injuries as soon as possible, even if you're not certain whether the incident occurred before the timeframe. A statute of limitations is a state law that sets a deadline on how long you must file an injury lawsuit. In the majority of states, the statute of limitations begins on the date of the incident or accident which caused your injuries. The deadline to file a personal injury lawsuit is dependent on the person you are suing. If you want to sue an entity of municipal government (such as the city or county) the deadline will be much shorter. In addition, there are certain situations that could alter the statute of limitations in your particular case. For instance, if you were exposed to harmful substances or a victim of medical malpractice the statute of limitations may start when you discover, or reasonably should have realized that your injuries were caused by negligence. In some cases minors are not subject to the statute of limitations. If you file a claim for injury after the statute of limitation has expired, your defendant will likely tell the court about this and request to dismiss your claim. In this instance the court will decide to dismiss your claim without a hearing. That's why it is important 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 a formal legal document filed by a party who asserts a cause of action and seeks judicial relief. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a certain time frame. In general the case, a defendant will reject the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner. In most cases, personal injury claims can result in bodily injury. Physical injuries can be extremely expensive, and your attorney will ensure that you receive compensation for any current medical bills and any future expenses you anticipate. These expenses include medication, home care, and physical therapy. You may also be able to claim any loss in your quality of life resulted from your injury. This includes things such as the inability to walk, sleep or drive normally. This kind of injury is known as pain and suffering. The court will call an initial conference once the complaint has been filed. This will be used to schedule any required physical or oral examinations, as well as the production of any documents. Your lawyer will then 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 current and future medical expenses, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in your life as well as any other damages not monetary you seek. If the case is found to be probable cause your case will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court is not in jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy by certified or registered post within a certain time frame. The defendant must respond, or they risk a default judgement against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries sustained by you in more detail. It could include photographs of your injuries, medical expenses and lost wages. It may also include details of the incident and the manner in which the defendant is accountable for the harm you suffered. In the middle of a lawsuit called “discovery,” each party has the opportunity to ask questions and examine evidence that is held by the other party. Your attorney is crucial during this stage of negotiations because the defendant's representatives want complete information before they make settlement offers. Read This method may also request to see you by a physician they select in connection with the damages or injuries you're seeking. If you do not attend, the court could dismiss your case. Or order that you pay for the defendant's examination costs. After the discovery and inspection process is completed, the lawyers on both sides may file something called a “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then decide a trial date. During the trial the jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is accountable and the jury awards you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial A personal injury lawsuit involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit could also be filed for physical injuries like pain and discomfort and loss of companionship. Your lawyer will conduct research on the accident during the initial stages of the case to determine the precise cause and the extent of your injuries. Then, he will negotiate with the at-fault party's insurance company. Your attorney will keep you up to date on any negotiations and significant developments during this process. After negotiations have failed the lawyer will file a formal complaint in court against the defendant. A Complaint, the first official document filed in civil lawsuits, names all parties, describes the incident, and claims that there was wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. This usually takes around one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. At this point your lawyer could submit medical records, documents as well as other evidence to prove your argument. The defendant's lawyer will submit an answer to these documents and the two sides will engage in further negotiations. If the parties are unable to reach a settlement, mediation or arbitration may be required before your case is put to trial. However, a substantial portion of personal injury cases settle outside of court. When a settlement is reached, your lawyer has to pay any businesses that have lien on the award out of a special escrow account before he or she will write you an official check.