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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. In these situations the defendant is usually the person who is at fault. The plaintiff is usually the party who is injured. Your attorney will examine your medical records and other documents to assess the full extent of your injuries, expenses and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury claim the court gives the plaintiff a sum of money to cover damages. The funds may be awarded as a lump sum or spread out over a time period in the settlement is structured. These funds are also known as compensatory damages. There are two kinds: general and special. Special damages are the ones that can be quantified that can be categorized like medical bills and lost earnings. General damages are harder to put a dollar amount on, such as suffering and suffering, as well as loss of enjoyment of life. Writing down the way your injuries have affected you your chance of winning the most money for damages that are not economic. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to do things you once took for granted. In a majority of personal injury cases, more than one defendants are accountable. This is most common when a business or person acts with fraud, criminal intent or gross negligence. The court may also award punitive damages to deter others from acting in the same manner. The defendants are served with a summons with a complaint once a lawsuit is filed. The defendants will be required to submit a response (also called an answer) within 30 days. Typically, the defendants will contest the allegations made in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. This is the time when both parties will share relevant information and evidence, which includes taking depositions under an oath. This stage accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to claim damages. It is important to consult an attorney in personal injury whenever you can even if you're unsure sure whether the accident occurred before the time frame. A statute of limitation is a law of the state that establishes a deadline for filing an action. In many states, the statute of limitations begins at the time of the accident or incident which caused your injuries. The deadline to file a lawsuit also depends on who you are seeking to sue. For instance, if are seeking to sue a municipal government agency (such as a city or county), the deadline is significantly shorter. There are certain circumstances that may change the statute of limitations in your situation. For instance, if you were exposed to harmful substances or a victim of medical negligence the statute of limitations could begin when you realize, or reasonably should have realized that your injuries were caused by negligence. In certain instances the statute of limitations can be extended for minors. If you submit an injury claim after the statute of limitation has expired, your defendant will likely inform the court of this and request that your lawsuit be dismissed. In this scenario the court will dismiss your claim without hearing. It is crucial to speak with an attorney for personal injuries as soon as you can to discuss your case and determine if you can make an official claim. Complaint A complaint is a legal formal document filed by a plaintiff that alleges a cause of action and demands judicial relief. The complaint should also define the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. In general the case, a defendant will reject the claim. If the defendant fails to respond, a default judgment may be granted for the petitioner. Personal injury claims are usually founded on bodily injury. Physical injuries can be costly, and your attorney will work to ensure that you are compensated for any existing medical bills, as well as any future costs that are anticipated. This includes things like medications, home care and physical therapy. You may also be able to claim any loss in quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is called suffering and pain. The court will schedule an initial conference once the complaint is filed. The court will schedule any mandatory oral or physical examinations, and also the production of any documents. Following the conference your lawyer will draft the Bill of Particulars. It is a thorough description of your injuries. It will include your losses including future and present medical costs loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment and any other non-monetary damages that you seek. If your case is found to be 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 doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff submits a complaint to the court and sends the defendant a copy via registered or certified mail within a certain time frame. Sioux City injury lawsuits must respond or risk default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which details the injuries and damages you've sustained more fully. This may include photos of your injuries, medical bills and lost wages. It also contains details about the accident and what the defendant is responsible for the harm you suffered. During the middle part of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and examine evidence held by the other party. Your attorney is crucial in this stage of negotiations because the representatives of the defendant want to have full information before making settlement offers. Your lawyer may also request to have you examined by a doctor they select in relation to the injuries or damages you're seeking. If you do not show up, the court may dismiss your case. Or, they may require that you pay for the defendant's examination costs. After discovery and inspection have been completed, lawyers on each side can file something called a “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide on a trial. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not accountable and the jury decides to deny your claim. Trial A personal injury lawsuit can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries like the suffering of others and loss of companionship. In the initial stages of your case, your lawyer will research your accident to fully understand the cause of the incident and the extent of your losses. The lawyer will then negotiate with the insurance company of the party who is at fault. Your lawyer will keep you informed and up to current on any negotiations and significant developments during this process. After negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. A Complaint, which is the first official document filed in a civil suit, identifies all parties, outlines the incident and lays out allegations of wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. This typically takes about a month. After service is completed the defendant has to “answer” the Complaint within a set date, which is usually 30 days. The answer will explain whether the defendant denies or acknowledges the allegations contained in the Complaint. In this stage your lawyer will be able to provide medical records, documents and other evidence to support of your case. The attorney representing the defendant will then respond to these documents and the two sides will begin further negotiations. If the parties are unable to reach an agreement the mediation or arbitration process could be required before your case is put to trial. However, a significant percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer must pay any companies that have lien on the award out of a special account for escrow before he or she will write you a check.