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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. These lawsuits typically involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will review all of your medical records and other documentation, to determine the full extent and cost of your injuries and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in an injury lawsuit, the courts award them money to cover their losses. These funds may be awarded in a lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are measurable costs that can be listed like medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment of life, are more difficult to quantify. Keep a diary to record how your injuries affected your life. This will increase your chances of receiving the most compensation for the non-economic damages. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to do activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is especially common when a person or business is guilty of reckless negligence, fraud, and criminal intention. The court can also award punitive damages to deter other people from engaging in the same manner. Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants will be required to respond (also known as an answering) within 30 days. Usually, defendants deny the allegations in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. The parties will exchange information and evidence during this phase, including taking depositions. This is the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it's likely that you will lose the right to damages. It is essential to speak with a personal injury attorney as soon as possible even if you're not certain whether the incident occurred before the time frame. A statute of limitations is a law in a state that sets a deadline on how long you can file an injury lawsuit. In most states the statute of limitations starts on the date that the accident or incident led to your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the person you are seeking to sue. If you want to sue an entity of municipal government (such as a county or city), the deadline is shorter. Additionally, there are certain situations which could change the statute of limitations in your case. For example, if you were exposed to toxic substances or suffered medical malpractice the time limit may begin when you realize, or reasonably should have realized, that your injuries were caused by negligence. In certain cases the statute of limitations may be extended for minors. If you make an injury claim after the statute of limitations has expired Your defendant is likely to inform the court about this and ask that your case be dismissed. In this scenario the court will dismiss your claim summarily without a hearing. This is why it's important to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which alleges an actionable cause, and a demand for legal relief. The complaint should also define the type of relief the plaintiff seeks. The defendant is then required to respond within a specific time frame. In general, a defendant will reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. Most personal injury claims involve actual bodily harm. Your attorney will ensure that you are compensated both for your current medical bills and any future costs. These expenses include medication 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 the inability to walk, drive or sleep normally. This kind of injury is referred to as suffering and pain. The court will schedule the preliminary conference after the complaint is filed to schedule any mandatory oral or physical examinations and also the production of any documents. Your lawyer will then draft a Bill of Particulars. It is a comprehensive description of your injuries. It will include all of your losses which include the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you seek. If the case is deemed to be probable cause your case will be scheduled for public hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy by registered or certified mail within a specified time. The defendant has to respond, or they risk a default judgement 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 more depth. This may include photos of your injuries, medical expenses and lost wages. It also includes details of the accident and how the defendant is responsible for the harm you suffered. During the middle phase of a lawsuit, called “discovery”, each party has the opportunity to ask questions and look over evidence provided by the opposing party. Your attorney will be important during this stage of negotiations as the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also ask that you are examined by a physician they select in connection with the injuries or damages you're claiming. If New Haven injury lawsuit fail to attend, the judge may dismiss your case, or demand that you pay the defendant the costs of their examination. After discovery and inspection have been completed, attorneys on each side can submit a document referred to as an “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 determine an appointment date for the trial. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you suffered. If the defendant is to blame and the jury awards you damages. If the defendant isn't liable then the jury will deny your claim. Trial Personal injury claims can cover a broad variety of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like suffering and pain, as well as loss of companionship. Your lawyer will conduct research regarding your accident in the beginning stages of the case to determine the exact cause and the extent of your injuries. Then, he or she will negotiate with the insurance company. Your attorney will keep in touch with you on any significant developments and negotiations throughout the process. If negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A Complaint, which is the first official document of a civil suit, identifies all parties, outlines the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be served personally, which means that it must be delivered physically to the defendant. This usually takes approximately a month. Once service is complete the defendant has to “answer” the Complaint within a set time frame, which is typically 30 days. The answer explains whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this stage, your lawyer can submit medical records, documents, and other evidence in support of your case. The defendant's attorney 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 may be required prior to a trial can take place. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any companies that have liens on your award from a special money escrow before distributing a check.