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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These cases often involve a person who is 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, to determine the totality and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in an injury lawsuit the courts award them money to cover their losses. These funds may be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are measurable costs that can be categorized for medical expenses and lost earnings. General damages are harder to quantify a dollar amount on, like pain and suffering and loss of enjoyment. Keeping a journal detailing how your injuries have affected the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anguish, and how your injuries affect your ability to engage in activities that you used to take for taken for granted. In many personal injury cases, more than one defendants are accountable. This is particularly true when a business or an individual acts with gross negligence, fraud, and criminal motives. The court can also award punitive damages to deter others from acting in the same way. The defendants receive a summons along with a complaint once a lawsuit is filed. The defendants must submit a response (also called an answering) within 30 days. Usually, defendants deny the allegations in the complaint. Once the answer is filed the case will move to a fact-finding stage known as discovery. The parties will share information and evidence in this stage including depositions. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you'll lose your right to receive damages. It is important to consult an attorney for personal injuries whenever you can even if you're unsure certain if the incident occurred before the time frame. A statute of limitations is a law of the state that provides a time frame for filing lawsuits. In the majority of states the statute of limitations begins on the date of the accident or incident that led to your injuries. The deadline for filing a lawsuit for personal injury also depends on the individual you are seeking to sue. For instance, if want to sue a municipal government agency (such as a county or city), the deadline is significantly shorter. There are also certain situations that could alter the statute of limitation in your case. If you were exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations could begin when you realize or ought to have known that your injuries are due to negligence. In certain cases, the statute of limitations may be extended for minors. If you submit an injury claim after the statute of limitation has expired Your defendant is likely to tell the court about this and ask that your lawsuit be dismissed. If this occurs, the court will summarily dismiss your claim without hearing. This is why it's important to talk with an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which alleges an action and demands legal relief. Henderson injury attorney should also state the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. In general, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. In most cases, personal injury claims can result in bodily injury. Physical injuries can be costly, and your attorney will work to ensure that you receive compensation for any current medical bills and any anticipated future expenses. These expenses include medications or home care as well as physical therapy. You may also be able to claim any loss in quality of life that is caused by your injury. This includes things such as the inability to walk, drive, or sleep normally. This type of damage is referred to as pain and suffering. When a complaint is filed when a complaint is filed, the court will convene a preliminary conference to schedule the mandatory oral and physical examinations, as well as any document production. Following the conference your lawyer will draft a Bill of Particulars. It is a thorough description of your injuries. It will include all the losses you have suffered including the cost of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will describe 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 determined to have probable cause the case will be scheduled for public hearing. If your complaint is dismissed because of a determination of no probable cause or because the court is not in jurisdiction, you may appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant through registered or certified mail within a specified timeframe. The defendant must respond or risk default judgment 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. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you believe the defendant is responsible for the harm. In the middle of a lawsuit, referred to as “discovery”, each party is given the chance to ask questions and review evidence held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, therefore your attorney plays a significant role in negotiations during this stage. Your lawyer may also request to see you by a doctor they select in connection with the injuries or damages you're claiming. If you don't attend, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs. After discovery and inspection, attorneys from both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then schedule a trial. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is responsible, the jury will award you damages. If the defendant isn't responsible and the jury denies your claim. Trial Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents like car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries such as pain and suffering and loss of companionship. In the early stages of your case, your lawyer will research the accident to determine what happened and the magnitude of your losses. Then, he will work with the insurance company of the at-fault company. Your attorney will stay in contact with you regarding any significant developments and negotiations throughout the process. If negotiations fail the lawyer will make a formal complaint to court against the defendant. A complaint, the first official document filed in a civil suit, identifies all parties, details the incident and lays out allegations of wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. This usually takes approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant acknowledges the allegations made in the Complaint or denies them. In this stage your lawyer may submit documents, medical records and other evidence to support of your case. The lawyer for the defendant will provide an answer to these documents and the two parties will continue to negotiate. If the parties are not able to come to an agreement, mediation or arbitration may be required before your case can go to trial. However, a substantial portion of personal injury cases settle outside of court. When a settlement is reached, your lawyer has to pay any companies that have lien on the money award out of a special escrow account before he or will issue you an official check.