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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. The cases typically involve a person at the fault (defendant) and an injured party known as the plaintiff. Your attorney will review all of your medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in an injury lawsuit, the courts award them money to pay for their damages. These funds may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are expenses that can be categorized and are measurable for example, medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment are more difficult to quantify. Keep a journal to document how your injuries affected your life. This will increase your chance of receiving the maximum amount of compensation for the non-economic damages. This includes the effect on your relationships, daily pain levels mental stress and your ability to complete things you used to take for granted. In many personal injury cases, more than one defendants are at fault. This is most common when a business or person 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 a complaint once the lawsuit has been filed. They are then required to respond, also known as an answer, within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, including depositions under the oath. This is the stage that accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to collect 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 time frame. A statute of limitations is a state law which provides a time frame for filing lawsuits. In most states the statute of limitations begins on the date that the accident or incident caused your injuries. The time limit to file a lawsuit also depends on the party you are suing. For instance, if want to sue a municipal government agency (such as a county or city), the deadline is shorter. Additionally, there are certain situations that can change the statute of limitations in your situation. If you have been exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain instances, minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitation has expired the defendant will likely inform the court of this and ask that your case be dismissed. In this scenario the court will dismiss your claim summarily without hearing. It is essential to contact an attorney for personal injuries as soon as possible to discuss your case and determine if you can make a legal claim. Complaint A complaint is a formal legal document that is filed by a party who alleges a cause for action and demands legal relief. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified time frame. A defendant will usually deny the claim. If the defendant fails to respond to the claim, a default judgment could be entered for the petitioner. Personal injury claims are generally founded on bodily injury. Physical injuries can be very costly, and your attorney will work to ensure that you receive compensation for any current medical bills, as well as any anticipated future expenses. These costs include medical expenses, home care, and physical therapy. Additionally, you can claim for any loss of quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is known as pain and suffering. The court will call a preliminary conference when the complaint has been filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. Your lawyer will then draft an Bill of Particulars. It is a thorough 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 outline any emotional distress, disfigurement or loss of enjoyment and any other non-monetary damages that you are seeking. If the case is found to be probable cause, your case will be scheduled for a public hearing. If the complaint is dismissed because of a determination that there is no probable cause, or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff files a complaint with the court and sends the defendant a copy by registered or certified mail within a specified time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. It could include photographs of your injuries, medical bills and lost wages. The document also includes information about the incident and how you think the defendant is accountable for the damage. In the middle of a lawsuit, referred to as “discovery” the parties is able to ask questions and examine evidence held by the opposing party. The representatives of the defendant will want to have complete information before making settlement offers, and your attorney plays a significant role in negotiations during this phase. Your lawyer can also request that you undergo an examination by the doctor of their choice in relation to the damages and injuries you're seeking. If you do not attend, the judge may dismiss your case or require that you pay the defendant the cost of their examination. After a discovery and inspection, attorneys on both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then decide on the trial. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is accountable, the jury will award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful death (libel or slander) and physical injury from accidents like car crashes and falls. In addition, lawsuits can also be filed for physical injuries, such as the suffering of others and loss of companionship. Your lawyer will conduct an investigation regarding your accident in the beginning stages of the case to determine the exact cause and extent of your injuries. He or she will then negotiate with the insurance company of the party who is at fault. Your lawyer will stay in touch with you about any significant developments and discussions throughout the entire process. After negotiations have failed the lawyer will make a formal complaint to the court against the defendant. A Complaint is the first official document in a civil suit that identifies the parties, describes the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. It usually takes about one month. After service, the defendant has 30 days to “answer” the Complaint. The answer is whether the defendant acknowledges the allegations made in the Complaint or denies them. In this phase, your lawyer may provide medical records, documents and other evidence to support your case. Macon injury attorneys YouTube representing the defendant will then reply to these documents, and then the two sides will begin further negotiations. If the parties are unable to come to an agreement, mediation or arbitration may be required before a trial can take place. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any company that have liens on your award from a special escrow fund before issuing you the check.