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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. These lawsuits typically involve a person at the fault (defendant) and an injured party known as the plaintiff. Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, the 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 claim, the judge gives them money to pay for damages. These funds can be awarded in an amount in one lump sum or spread over a period of time, as part if a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be listed like medical bills and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keep a diary to record how your injuries impacted your life. This will increase your chance of receiving the most compensation for the non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to do things you used to take for granted. In a lot of personal injury cases, more than one defendants are responsible. This is the most frequent scenario when a business or person is guilty of fraud, criminal intent and gross negligence. The court may also make punitive damages in order to discourage others from acting in a similar way. The defendants receive a summons with an accusation once a lawsuit is filed. The defendants must submit a response (also called an answering) within 30 days. Typically, defendants will contest 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 the parties exchange pertinent information and evidence, which includes taking depositions under oath. This stage takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out you could lose the right to claim damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case early even if not sure if the accident occurred within the timeframe. A statute of limitation is a law of the state that provides a time frame for filing lawsuits. In most states, the statute of limitations begins on the date of the accident or incident which caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the individual 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 much shorter. Additionally, there are certain situations that can change the statute of limitations in your particular case. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain instances, the statute of limitations may be extended for minors. If you submit a claim for injury after the statute of limitation has expired, your defendant will likely tell the court about this and ask that your case be dismissed. If this occurs, the court could dismiss your claim on the spot without hearing. This is why it's crucial 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 that is filed by a party who alleges a cause for action and demands legal relief. The complaint should also define the type of relief the plaintiff is seeking. The defendant is then required to respond within a specified time frame. A defendant will usually reject the claim. If the defendant fails to respond to the claim, a default judgment could be granted in favor of the petitioner. Personal injury claims are typically caused by bodily injury. Physical injuries can be very expensive, and your attorney will work to ensure you are compensated for any existing medical bills and any future costs that are anticipated. These costs include medical expenses as well as home care and physical therapy. You may also be able to claim any loss in quality of life that is caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as pain and suffering. The court will schedule the preliminary conference after a complaint has been filed to schedule any mandatory oral or physical examinations and also the production of any documents. Your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. It will include your losses including your current and future medical costs loss of wages, as well as property damage. Your lawyer will also describe the possible emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that you are seeking. If the case is deemed to have probable cause, your case will be scheduled for public hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via registered or certified mail within a specific timeframe. The defendant has to respond, or else risk a default judgement against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It could include photos of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you think the defendant is accountable for the injury. In the middle of a lawsuit, also known as “discovery” the parties has the opportunity to ask questions and look over evidence held by the other party. Your attorney will be important in this phase of negotiations as the defendant's representatives want full information before making settlement offers. Your lawyer can also request that you are examined by a doctor they select for the damages or injuries you're seeking. If you fail to attend, the judge could dismiss your case or order that you pay the defendant for the cost of their examination. After a discovery and inspection, attorneys on both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. Modesto injury lawyer will then schedule a trial. During the trial the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is liable and the jury awards you damages. If the defendant isn't accountable then the jury will deny your claim. Trial Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury from accidents, such as car crashes and falls. A lawsuit may also be filed for physical injuries like discomfort and pain, as well as loss of companionship. Your lawyer will conduct research regarding your accident in the initial stages of the case to determine the precise cause and the extent of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will keep you informed and up to current on any negotiations and significant developments throughout this process. If negotiations are unsuccessful the lawyer will file a formal complaint in a court against the defendant. A complaint, the first official document 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 means it must be physically delivered to the defendant. This usually takes around one month. After service has been completed, the defendant must “answer” the Complaint within a specific time frame, which is typically 30 days. The answer will tell you if the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. In this phase your lawyer will provide medical records, documents as well as other evidence to prove your case. The attorney representing the defendant will then respond to these documents and then the two sides will start further negotiations. If the parties are unable to come to an agreement, mediation or arbitration may be required prior to trial can begin. A large portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the money award out of a special account for escrow before he or they can issue a check.