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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. These cases often involve a person who is at the fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records and other documents to assess the full extent of your injuries, expenses and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury lawsuit the courts award them funds to pay for their damages. The money can be awarded as an amount in one lump sum or spread over a period of time in the settlement is structured. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are those that can be categorized and are measurable like medical expenses and lost wages. General damages are harder to quantify a dollar amount on, like pain and suffering and loss of enjoyment of life. Writing down the way your injuries have affected you your chance of winning the most money for damages that are not economic. These include the effects on your relationships, daily pain levels, and episodes of mental anxiety and how your injuries affect your ability to engage in the activities you used to take for granted. In many personal injury cases, multiple defendants are responsible. This is especially true when a person or business acts with fraud, criminal intent or gross negligence. The court may also award punitive damage to discourage others from acting in the same way. The defendants receive a summons with an accusation once a lawsuit is filed. The defendants are required to submit a response (also called an answering) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case is moved to a stage of fact-finding known as discovery. The parties will exchange information and evidence during this phase, including taking depositions. This is where you will find the majority of time in a personal injury lawsuit timeline. 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 important to consult a personal injury attorney whenever you can even if you're not certain if the incident occurred before the timeframe. A statute of limitations is a law of the state that establishes a deadline for filing lawsuits. In many states, the statute of limitations begins at the time of the incident or accident that led to your injuries. The time frame to file a lawsuit is dependent on the person you are seeking to sue. For example, if you are seeking to sue a municipal government entity (such as a city or county) the deadline is much shorter. There are certain circumstances which could change the statute of limitation in your situation. For example, if you were exposed to harmful substances or suffered medical malpractice, the time limit may begin when you discover or ought to have discovered, that your injuries were the result of negligence. In some cases, the statute of limitations is extended 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 dismissal of your lawsuit. If this occurs, the court could dismiss your claim in a sweeping manner without hearing. youtube.com is important to consult an attorney for personal injuries as soon as you can to discuss your case and determine if you are eligible to file an official claim. Complaint A complaint is a formal legal document filed by a plaintiff that asserts an actionable cause, and a demand for judicial relief. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specified time frame. In general the event of a denial, the defendant will deny the claim. If the defendant does not respond to the claim, a default judgement may be granted for the petitioner. In the majority of cases, personal injury claims are based on actual bodily injury. Your lawyer will ensure that you receive compensation for medical bills currently incurred as well as any future expenses. These expenses include medication, home care, and physical therapy. You may also be able to claim any loss in your quality of life that is caused by your injury. This includes things like the inability to walk, drive, or sleep normally. This type of damage is called pain and suffering. The court will call the preliminary conference after a complaint has been filed. This will be used to schedule any required physical or oral examinations, as well as the production of any documents. Following the conference, your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. It will include all your losses which include the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will also outline the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other damages that are not monetary you're seeking. If your case is determined to have probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff file a complaint with the court and sends the defendant a copy by registered or certified mail within a specified time. The defendant has to respond, or else risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the damages and injuries you've sustained more fully. It could 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 accountable for your harm. In the middle of a lawsuit referred to as “discovery,” each party gets to ask questions and examine evidence that is held by the other party. The defendant's representatives will want to have complete information before making settlement offers, therefore your attorney will play an important role in negotiations during this phase. Your lawyer can also ask to have you examined by any doctor they choose in relation to the injuries and damages you're claiming. If you do not attend, the judge could dismiss your case, or demand that you pay the defendant their examination costs. After the discovery and inspection, attorneys from both sides can file a form called “Notice of Issue and 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 is responsible for the accident as well as the injuries you suffered. If the defendant is responsible for the accident, the jury will award you damages. If the defendant isn't responsible then the jury will dismiss your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander), and physical harm from accidents like car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like the suffering of others and loss of companionship. In the early stages of your case the lawyer will investigate the accident to determine what happened and the magnitude of your losses. The lawyer will then engage with the insurance company of the party at the fault. Your attorney will keep you up to date on any negotiations and important developments throughout the process. If negotiations fail and your lawyer is unable to resolve the issue, he will file a formal complaint in court against defendant. A Complaint, the first official document of a civil suit, identifies all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be served personally and must be physically handed to the defendant. It usually takes about approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or acknowledges the allegations made in the Complaint. During this stage, your lawyer may submit medical records, documents and other evidence to support your argument. The lawyer representing the defendant will then respond to these documents and then the two sides will begin discussions. If the parties can't reach an agreement, mediation or arbitration may be required prior to trial can begin. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any companies that have lien on your monetary award through a specialized account before distributing a check.