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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 usually the person at fault. The plaintiff is typically the injured party. Your attorney will review your medical records and other documents to understand the full extent of your injuries, costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case the courts award them money to pay for their damages. These funds can be awarded as a lump sum or spread over a time period or as part of the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are expenses which can be listed and quantifiable like medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment are more difficult to quantify. Keep a journal to document the way your injuries affected you. This will increase your chance of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to do 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 gross negligence, fraud, and criminal intent. Newton injury lawyers can also award punitive damage to discourage others from acting in the same way. After a lawsuit has been filed and the defendants are served with a summons and complaint. The defendants are required to submit a response (also called an answer) within 30 days. Typically, 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 when both parties will share relevant information and evidence, as well as taking depositions under an oath. This stage takes up the majority of a personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired you could lose your right to recover damages. That's why it's crucial to consult a personal injury lawyer about your case as early as possible even if not sure if the accident occurred within the timeframe. A statute of limitations is a law in a state which sets a time frame on the amount of time you have to file an injury lawsuit. In many states the statute of limitations begins on the date of the incident or accident that caused your injuries. The deadline to file a lawsuit for personal injury also depends on the individual you are suing. For instance, if are seeking to sue a municipal government agency (such as a city or county), the deadline is shorter. There are certain circumstances that may change the statute of limitation in your situation. For example, if you were exposed to harmful substances or suffered medical negligence the time limit may begin when you discover or ought to have discovered, that your injuries were caused by negligence. In some cases, minors are exempt from the statute of limitation. If you file a personal injury claim after the time limit has expired, the defendant will most likely point this out to the court and ask for the case to be dismissed. If this occurs, the court will dismiss your claim on the spot without a hearing. That's why it is important to consult an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document filed by a party that alleges a cause for action and seeks judicial relief. The complaint should also define the type of relief the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. The defendant is usually able to decline to respond. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf. In most cases, personal injury claims can result in bodily injury. Your lawyer will ensure that you are compensated both for medical bills currently incurred and any future expenses. These expenses include medication as well as home care and physical therapy. You can also claim for any loss in your quality of life caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is known as suffering and pain. The court will set up 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 the Bill of Particulars. It will provide a full description of your injuries. It will include your losses including your current and future medical expenses as well as lost wages and property damage. Your lawyer will also describe the alleged emotional distress, disfigurement, loss of enjoyment of life and any other damages that you seek. If the case is determined to be a probable cause the case will be scheduled for a public hearing. If your complaint is rejected due to a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant through registered or certified mail within a certain timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It could include photographs of your injuries, medical expenses and lost wages. It also contains details about the incident and the manner in which the defendant is accountable for the harm you suffered. In the middle of a lawsuit called “discovery,” each party has the opportunity to ask questions and inspect evidence that is held by the other party. The defendant's representatives will want to have complete information before making settlement offers, therefore your attorney will play a crucial role in negotiations during this phase. Your lawyer can also request to have you examined by a doctor of their choosing regarding the damages and injuries you're seeking. If you don't attend, the judge may dismiss your case, or demand that you pay the defendant the cost of their examination. After the discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then decide on a trial. During the trial, the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is accountable and the jury awards you damages. If the defendant isn't accountable, the jury will reject your claim. Trial A personal injury lawsuit involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries such as pain and suffering and loss of companionship. In the beginning of your case the lawyer will investigate the accident to determine what happened and the magnitude of your losses. The lawyer will then negotiate with the insurance company of the party at the fault. Your lawyer will keep you up to current on any negotiations and significant developments during this process. If 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, the first official document in a civil suit, lists all parties, outlines the incident and lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. It usually takes about a month. After service has been completed and the defendant is required to “answer” the Complaint within a specified time, which is usually 30 days. The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. In this stage, your lawyer can submit documents, medical records as well as other evidence in support of your case. The defendant's lawyer will submit a response to these documents, and the two sides will continue to negotiate. If the parties are unable to reach an agreement the mediation or arbitration process could be required before your case goes to trial. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any companies with liens on your monetary award from a specific account before distributing an actual check.