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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. The cases typically involve a party who is at fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records, as well as other documents, to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury lawsuit, the judge will award the plaintiff a sum of money to cover damages. The money can be awarded as lump sums or spread over a time period in a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are measurable costs that can be itemized for medical expenses and lost earnings. General damages are difficult to put a dollar amount on, such as pain and suffering and loss of enjoyment of life. Keep a diary of how your injuries have affected your chance of winning maximum compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental stress, and how your injuries impact your ability to take part in the activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a person or business acts with reckless negligence, fraud, and criminal intention. The court may also award punitive damages to discourage others from doing the same thing. The defendants receive a summons with an accusation once a lawsuit is filed. The defendants must submit a response (also called an answer) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case moves to an investigation known as discovery. This is when both parties will exchange relevant information and evidence, including depositions under the oath. This stage accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out the statute of limitations will expire and you'll likely lose your right to recover damages. It is crucial to speak with a personal injury attorney as soon as you can even if you're unsure certain whether the incident occurred before the deadline. A statute of limitation is a law of the state that sets a deadline for filing an action. In many states the statute of limitations starts on the date that the accident or incident caused your injuries. The deadline to file a personal injury lawsuit also depends on the individual 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 shorter. Additionally, there are certain situations that could alter the statute of limitations in your situation. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize or ought to have known that your injuries are due to negligence. In certain cases minors are exempt from the statute of limitation. If you make a claim for injury after the statute of limitations has expired the defendant will likely inform the court of this and ask that your case be dismissed. If this happens, the court will summarily dismiss your claim without a hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your case to determine if you can make a legal claim. Complaint A complaint is a legal document filed by a person who alleges a cause of action, and a demand for legal relief. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specified time frame. In general the case, a defendant will reject the claim. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf. Personal injury claims are usually caused by bodily injury. Physical injuries can be very expensive, and your attorney will work to ensure you get paid for any existing medical bills as well as any future expenses you anticipate. These include things like medication as well as home care and physical therapy. You can also claim for any loss in your quality of life resulted from your injury. This includes things like the inability to drive, sleep or walk normally. This kind of damage is known as suffering and pain. The court will set up a preliminary conference when the complaint has been filed to schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will then prepare a Bill of Particulars. This is a thorough account of your injuries. This will include the losses you have suffered including future and present medical costs as well as lost wages and property damage. Alexandria injury attorneys will also detail the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you are seeking. If the case is determined to be a probable cause the case 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 can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff file a complaint with the court and then sends the defendant a copy by certified or registered post within a specified time. The defendant must respond or risk a default judgment 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 depth. It may include photographs of your injuries, medical bills and lost wages. It may also include details of the accident and what the defendant is responsible for your injuries. During the middle part of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and examine the evidence of the other party. The defendant's representatives will want to have all the facts before making settlement offers, so your attorney plays a significant role in negotiations during this phase. Your lawyer can also ask that you be examined by any doctor they choose in regard to the injuries and damages you're seeking. If you fail to show up, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs. Once discovery and inspection are completed, attorneys on each side can file a document known as the “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then set the date for a trial. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you suffered. If the defendant is at fault the jury could award you damages. If the defendant is not responsible and the jury denies your claim. Trial Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical such as pain and discomfort and loss of companionship. Your lawyer will conduct research on the accident during the beginning 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 important developments throughout the process. After negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file a formal complaint in a court against the 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 demands compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. It usually takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or accepts the allegations in the Complaint. During this time your lawyer will be able to submit documents, medical records as well as other evidence in support of your case. The lawyer for the defendant will provide a response to these documents and the two parties will engage in further negotiations. If the parties can't reach an agreement, then mediation or arbitration may be required prior to trial can begin. However, a significant percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have lien on your monetary award through a specialized money escrow before distributing an actual check.