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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. These cases often involve a person who is at fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through your medical records and other documents to assess the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury case the courts award them funds to pay for their damages. These funds can be awarded as a lump sum or spread out over a time period, as part if the settlement is structured. These funds are also known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are those that can be itemized and quantifiable, such as medical expenses and lost wages. General damages are harder to place a dollar value on, like the suffering and pain, and the loss of enjoyment of life. Keep a diary of how your injuries have affected you can help improve your chance of winning maximum compensation for non-economic damages. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to do things you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is the most frequent scenario when a person or business acts with criminal intent, fraud or gross negligence. The court can also award punitive damages to discourage others from engaging in the same manner. The defendants will receive an order with a complaint once a lawsuit has been filed. YouTube must file a response or answer within 30 days. Typically, defendants will deny the allegations made in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is the time when both parties will share relevant information and evidence, including depositions under oath. This stage takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it is likely that you'll lose the right to 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 certain if the incident occurred before the deadline. A statute of limitations is a law in a state that establishes a deadline for filing an action. In the majority of states the statute of limitations begins the date that the accident or incident caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you are suing. For example, if you want to sue a municipal government entity (such as a county or city) the deadline is shorter. There are other situations that could alter the statute of limitation in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for example the statute of limitations could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In some cases, minors are exempt from the statute of limitations. If you submit an injury claim after the statute of limitations has expired the defendant will likely inform the court about this and request that your lawsuit be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without hearing. It is crucial to speak with an attorney for personal injuries immediately to discuss your situation and determine if you are eligible to file an official claim. Complaint A complaint is an official legal document filed by a party who alleges a cause for action and demands the judicial remedy. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant must then respond within a certain timeframe. In general the event of a denial, the defendant will deny the claim. If the defendant fails to respond, a default judgment may be made in favor of the petitioner. Personal injury claims are usually caused by bodily injury. Your attorney will make sure that you receive compensation for your current medical bills as well as any future expenses. These expenses include medication, home care, and physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes things like the inability to walk, drive, or sleep normally. This kind of injury is called suffering and pain. When a complaint is made and the court is notified, they will hold a preliminary meeting to schedule the mandatory oral and physical examinations, as well as any document production. Your lawyer will prepare an Bill of Particulars. It is a thorough description of your injuries. It will include all your losses which include the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will also detail the alleged emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you are seeking. If the case is deemed to be probable cause your case will be scheduled for a public hearing. If your complaint is dismissed due to a determination of no probable cause or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit process begins with a summons and a complaint. The plaintiff file the complaint with a court and sends a copy of the document to the defendant via registered or certified mail within a specific 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 could include photos of your injuries, medical bills, and lost wages. The document will also contain information regarding the accident and why you believe the defendant is accountable for the injury. During the middle part of a lawsuit referred to as “discovery,” each party is allowed to ask questions and examine the evidence of the other party. The defendant's representatives will need to have all the facts before making settlement offers, and your attorney plays a significant role in negotiations during this stage. Your lawyer can also request to see you by a physician they select in relation to the damages or injuries you're seeking. If you don't attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After discovery and inspection, attorneys on 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 set a trial date. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is to blame and the jury awards you damages. If the defendant isn't responsible then the jury will dismiss your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) and physical injury caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries like suffering and pain, as well as loss of companionship. In the early stages of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your losses. Then, he or she will negotiate with the insurance company. Your attorney will stay in touch with you on any significant developments and negotiations throughout the entire process. If negotiations fail and your lawyer has to file a formal complaint in the court against the defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, details the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. It usually takes about one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations contained in the Complaint. At this point, your lawyer may submit documents, medical records and other evidence to back your argument. The lawyer for the defendant will provide an answer to these documents and the two sides will then engage in further discussions. If the parties cannot reach an agreement, then mediation or arbitration could be required before the trial can be held. A large portion of personal injury cases are settled 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.