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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these instances the defendant is typically the one who is at fault. The plaintiff is usually the party who is injured. Your attorney will examine your medical records and other documentation to assess the full extent of your injuries, expenses and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins an injury lawsuit, the courts award them funds to pay for their damages. The money can be awarded in a lump sum or spread out over a period of time or as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds: general and special. Special damages are those that can be categorized and quantifiable, such as medical expenses and lost wages. General damages are harder to quantify a dollar amount on, such as suffering and suffering, as well as loss of enjoyment. Keep a journal to document the way your injuries affected your life. This will increase your chances of receiving maximum compensation for the non-economic damages. This includes the effect on your relationships, daily pain levels mental stress and your ability to do things you used to take 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 and gross negligence. The court can also give punitive damages to discourage others from committing the same manner. Once a lawsuit is filed and the defendants are served with a summons and complaint. They must file a response which is also known as an answer, within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. This is when both parties will exchange relevant information and evidence, which includes taking depositions under an oath. This is the stage that accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it is likely that you will lose the right to damages. It is crucial to speak with an attorney for personal injuries as soon as you can even if you're not sure whether the accident occurred before the deadline. A statute of limitations is a law in a state that sets a deadline for filing a lawsuit. In the majority of states the statute of limitations runs on the date of the incident or accident that led to your injuries. The deadline to file a lawsuit for personal injury also depends on the person you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as the city or county), the deadline will be shorter. In addition, there are certain situations that could alter the statute of limitations in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for example the statute of limitations can begin when you discover or ought to have known that your injuries are due to negligence. In some cases, minors are exempt from the statute of limitation. If you make a claim for injury after the statute of limitation has expired Your defendant is likely to inform the court of this and ask that your case be dismissed. In this scenario the court will decide to dismiss your claim without hearing. It is important to consult an attorney who specializes in personal injury immediately to discuss your case and determine if you are eligible to file a legal claim. Complaint A complaint is a legal formal document filed by a person who alleges an actionable cause, and a demand for judicial relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specific time frame. A defendant will usually deny the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor. Personal injury claims are typically founded on bodily injury. Physical injuries can be expensive, and your attorney will work to ensure that you get paid for any existing medical bills and any anticipated future expenses. This includes things like medications as well as home care and physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This type of damages is known as pain and suffering. When a complaint is filed when a complaint is filed, the court will hold a preliminary conference to set the date for the mandatory oral and physical examinations, as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses including the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment in your life as well as any other non-monetary damages that you are seeking. If your case is determined to be a probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result 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 begins with a summons and a complaint. The plaintiff files the complaint with a court and sends a copy of the document to the defendant by certified or registered mail within a specific time frame. The defendant must respond, or they risk a default judgement against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which describes the damages and injuries you've sustained more fully. This could include photos of your injuries, medical bills and lost wages. It also contains details about the incident and the manner in which the defendant is accountable for your harm. During the middle phase of a lawsuit, also known as “discovery” in which each party is given the chance to ask questions and look over evidence held by the other party. Your attorney is crucial during this stage of negotiations because the representatives of the defendants want full information before making settlement offers. Your lawyer may also request to see you by a doctor they choose in connection with the injuries or damages you're claiming. If West Palm Beach fail to attend, the court may dismiss your case. Or order that you pay for the defendant's examination costs. After the discovery and inspection process is completed, lawyers on each side can submit a document referred to as a “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then schedule a trial. During the trial, a jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is liable, the jury will award you damages. If the defendant isn't responsible and the jury denies your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander) and physical injury caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries like the suffering of others and 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 injuries. Then, he will work with the insurance company. Your lawyer will keep you informed and up to current on any negotiations and significant developments throughout this process. After negotiations are unsuccessful the lawyer will file an official complaint in the court against defendant. A Complaint is the first official document in a civil suit that names the parties, explains the incident, alleges 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 approximately a month. After service, the defendant has 30 days to “answer” the Complaint. The answer is whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. In this stage your lawyer may provide medical records, documents 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 unable to reach a settlement and mediation or arbitration might be required prior to your case goes to trial. However, a substantial portion of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any companies with lien on the award out of a special escrow account before he or she will write you an official check.