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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. In these situations the defendant is usually the one at fault. The plaintiff is usually the injured party. Your attorney will review all of your medical records, as well as other documentation, to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury claim the court awards the plaintiff a sum of money to cover damages. The funds can be awarded in a lump sum or spread over time as part of a structured settlement. Read Even more are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be quantified that can be listed like medical bills and lost earnings. General damages are difficult to place a dollar value on, such as pain and suffering and loss of enjoyment. Keep a journal in which you can record how your injuries affected you. This will increase your chances of receiving the most compensation for the non-economic damages. This includes the effect on your relationships, daily pain levels, mental anguish and your ability to perform things you once took for granted. In many personal injury lawsuits there are many defendants. This is particularly true when a person or business acts with the most blatant negligence, fraud and criminal motives. The court may also award punitive damage to discourage others from acting in the same way. The defendants receive a summons along with a complaint once a lawsuit has been filed. The defendants are required to provide a response (also known as an answering) within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After the answer is filed, the case moves to an investigation known as discovery. This is where both parties will share relevant information and evidence, which includes depositions under oath. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it's likely that you will lose your right to receive damages. That's why it is important to consult an attorney who specializes in personal injury to discuss your case early on even if you're not sure if the incident occurred within the timeframe. A statute of limitations is a state law which provides a time frame for filing an action. In the majority of states, the statute of limitations starts with the date of the incident or accident that led to your injuries. The deadline to file a lawsuit for personal injuries is dependent on the individual you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as city or county), the deadline is shorter. There are also certain situations which could change the time limit in your case. For example, if you were exposed to harmful substances or a victim of medical negligence, the statute of limitations could begin when you realize or ought to have realized, that your injuries were caused by negligence. In some cases, the statute of limitations is tolled for minors. If you file an injury claim after the statute of limitation has expired Your defendant is likely to inform the court about this and ask that your lawsuit be dismissed. In this instance the court will decide to dismiss your claim summarily without a hearing. It is essential to contact an attorney who specializes in personal injury immediately to discuss your case and determine if you can make a legal claim. Complaint A complaint is a formal legal document filed by a party who claims a cause of action and seeks the judicial remedy. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a specific time frame. In general, a defendant will not respond to the claim. If the defendant fails to respond to the claim, a default judgment could be granted for the petitioner. In most cases, personal injury claims involve actual bodily harm. Your lawyer will ensure that you are compensated both for your current medical bills as well as any future expenses. These expenses include medication or home care as well as physical therapy. You can also claim for any loss of quality of life that is caused by your injuries. This includes things like being unable to walk, sleep or drive normally. This kind of injury is referred to as suffering and pain. When a complaint is made when a complaint is filed, the court will hold a preliminary conference to plan the mandatory oral and physical examinations as well as any document production. Following the conference your lawyer will draft an Bill of Particulars. It will provide a full description of your injuries. This will include your losses including your future and current medical costs as well as lost wages and property damage. Your lawyer will also describe the grievous emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you seek. If your case is deemed to have probable cause, you 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 does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy via certified or registered post within a certain time frame. The defendant has to respond, or they risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the injuries and damages you've sustained more fully. This may include photos of your injuries, medical expenses and lost wages. The document also includes information regarding the accident and why you think the defendant is responsible for the harm. During the middle part of a lawsuit called “discovery,” each party gets to ask questions and examine the evidence of the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, therefore your attorney will play an important role in negotiations during this phase. Your lawyer can also ask to see you by a doctor they choose in relation to the damages or injuries you're seeking. If you don't 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 from both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then set an appointment date for the trial. During the trial the jury will determine if the defendant is at fault for the accident and injuries. If the defendant is to blame and the jury awards you damages. If the defendant is not at fault, the jury will reject your claim. Trial A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit can also be filed for non-physical injuries like pain and discomfort and loss of companionship. Your lawyer will conduct a thorough investigation on the accident during the early stages of the investigation to determine the exact cause and the extent of your injuries. The lawyer will then discuss the matter with the insurance company of the party at fault. Your attorney will stay in touch with you on any significant developments and will also negotiate throughout the entire process. If negotiations don't work the lawyer will file a formal complaint in court against defendant. A Complaint, which is the first official document in a civil suit, identifies all parties, outlines the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be personally served, which means that it must be physically handed to the defendant. This typically takes about a month. Once service is complete, the defendant must “answer” the Complaint within a set date, which is usually 30 days. The answer will explain whether the defendant denies or accepts the allegations in the Complaint. In this stage your lawyer will be able to submit medical records, documents and other evidence to support of your case. The attorney representing the defendant will respond to these documents, and then the two sides will start discussions. If the parties can't reach an agreement, then mediation or arbitration could be required prior to trial can begin. However, a substantial portion of personal injury cases settle out of court. Your lawyer must first pay any company with liens on your monetary award through a specialized money escrow before distributing the check.