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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. These cases often involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review your medical records and other documentation to understand the full extent of your injuries, costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury case the judge gives the plaintiff a sum of money to cover damages. These funds may be awarded in one lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are expenses that can be categorized and quantifiable, such as medical expenses and lost wages. General damages, like discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify. Keep a diary to record how your injuries affected your life. This will increase your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to perform things you used to take for granted. In a majority of personal injury cases, more than one defendants are responsible. This is particularly true when a person or business acts with reckless negligence, fraud, and criminal intention. The court can also award punitive damages to deter others from acting in a similar manner. The defendants are served with a summons along with a complaint once the lawsuit has been filed. The defendants will be required to respond (also known as an answering) within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This stage takes up the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired, you will likely lose the right to collect damages. This is why it's important to talk to an attorney for personal injury about your case early on, even if you are not sure if the incident happened within the deadline. A statute of limitation is a state law which provides a time frame for filing a lawsuit. In the majority of states the statute of limitations starts on the date that the accident or incident caused your injuries. The time frame for filing a lawsuit for injury also depends on the party you are seeking to sue. For instance, if you want to sue a municipal government agency (such as a city or county) the deadline is significantly shorter. There are certain circumstances which could change the statute of limitation in your particular case. For example, if you were exposed to harmful substances or suffered medical negligence, the statute of limitations could begin when you realize or should have realized, that your injuries were caused by negligence. In certain instances, the statute of limitations may be extended for minors. If you file an injury claim after the statute of limitations has expired the defendant will likely tell the court about this and ask to dismiss your claim. If this occurs, the court could dismiss your claim in a sweeping manner without hearing. It is crucial to speak with an attorney who specializes in personal injury as soon as possible to discuss your case to determine if you are eligible to file a legal claim. Complaint A complaint is a legal document filed by a person who alleges a cause of action, and a demand for judicial relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant must then 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, a default judgment could be entered in the petitioner's favor. In most cases, personal injury claims involve actual bodily harm. Physical injuries can be very expensive, and your attorney will work to ensure that you get paid for any existing medical bills, as well as any future costs that are anticipated. These include things like medication or home care, as well as physical therapy. Additionally, you can claim for any loss of quality of life caused by your injuries. This includes things such as the inability to walk, sleep or drive normally. This type of damage is called suffering and pain. The court will call an initial conference once a complaint has been filed. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then draft the Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses, including the costs 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 life as well as any other damages that are not monetary that you seek. If the case is deemed to be a probable cause the case will be scheduled for public hearing. If the complaint is dismissed as a result of a decision that there is no probable cause, or because the court does not have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant through certified or registered mail within a specific timeframe. 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 suffered by you in greater depth. This may include photos of your injuries, medical bills and lost wages. The document also includes information about the accident and how you believe the defendant is accountable for the damage. In the middle of a lawsuit, referred to as “discovery”, each party has the opportunity to ask questions and examine evidence provided by the opposing party. Your lawyer will be crucial in this stage of negotiations since the defendant's representatives want complete information prior to making settlement offers. Your lawyer can also request that you undergo an examination by the doctor of their choice regarding the damages and injuries you're claiming. If you fail to attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. After the discovery and inspection process is completed, attorneys on each side can file something called an “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 as well as the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant is not liable then the jury will deny your claim. Trial Personal injury claims can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical, such as discomfort and pain, as well as loss of companionship. In the early stages of your case, your lawyer will research your accident to fully understand what happened and the magnitude of your damages. He or she will then discuss the matter with the insurance company of the party at the fault. Your attorney will keep in touch with you about any significant developments and negotiations throughout the entire process. If negotiations are unsuccessful the lawyer will file an official complaint in court against defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, details the incident, alleges wrongdoing, and requests compensation. The complaint must be served personally and must be handed over physically to the defendant. It typically takes one month. After service is completed the defendant has to “answer” the Complaint within a set time frame, which is typically 30 days. The answer will explain whether the defendant denies or admits the allegations in the Complaint. In this stage, your lawyer can submit medical records, documents as well as other evidence in support of your case. The attorney representing the defendant will then reply to these documents and the two sides will begin further negotiations. If You Tube are unable to reach an agreement, then mediation or arbitration could be required before the trial can be held. However, a significant percentage of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the award out of a special account for escrow before he or will issue you an official check.