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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. In these cases the defendant is usually the person who is at fault. The plaintiff is typically the party who is injured. Your attorney will examine your medical records and other documentation to determine the extent of your injuries, expenses and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury case the judge awards the plaintiff a sum of money to cover damages. The money can be awarded in an amount in one lump sum or spread over a period of time in an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are costs that can be itemized and quantifiable for example, medical expenses and lost wages. General damages are more difficult to quantify a dollar amount on, such as suffering and suffering, as well as loss of enjoyment. Keeping a journal detailing the way your injuries have affected you you can help improve your chance of winning maximum compensation for non-economic damages. This includes the effect on your relationships, daily pain levels mental stress and your ability to complete things you once took for granted. In a lot of personal injury cases, multiple defendants are accountable. This is particularly true when a person or business is guilty of the most blatant negligence, fraud and criminal intent. The court can also award punitive damages to deter others from acting in a similar way. Once a lawsuit is filed the defendants will be served with a summons and complaint. The defendants must provide a response (also known as an answering) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed the case will move to the process of fact-finding, also known as discovery. This is the time when both parties will exchange relevant information and evidence, including depositions under an oath. This stage accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is likely that you'll lose the right to damages. This is why it's important to talk to a personal injury lawyer about your case as early as possible even if not certain if the incident happened within the deadline. A statute of limitations is a law in a state that establishes a deadline for filing a lawsuit. In many states the statute of limitations starts with the date of the accident or incident that caused your injuries. The time limit to file a lawsuit is dependent on the person you are seeking to sue. For instance, if you are seeking to sue a municipal government agency (such as a city or county), the deadline is much shorter. Additionally there are certain circumstances that can change the statute of limitations in your situation. If you have been exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation may begin when you discover or reasonably should have known that your injuries are due to negligence. In certain instances, the statute of limitations is tolled for minors. If you file an injury claim after the time limit has expired, the defendant will most likely to inform the court and ask for the case to be dismissed. In this scenario the court will decide to dismiss your claim in a hurry without hearing. This is why it's crucial to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is an official legal document that is filed by a party who asserts a cause of action and seeks legal relief. The complaint must also specify the type of compensation that the plaintiff is seeking. The defendant must then respond within a specified time frame. In general the event of a denial, the defendant will reject the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. In most cases, personal injury claims involve actual bodily injury. Physical injuries can be extremely costly, and your attorney will ensure that you receive compensation for any current medical bills and any future expenses you anticipate. These expenses include medication as well as home care and physical therapy. You can also claim any loss in quality of life that is caused by your injury. This includes things like the inability to walk, sleep or drive normally. This kind of injury is called suffering and pain. When a complaint is made, the court will convene a preliminary conference to schedule mandatory physical and oral examinations, as well as any document production. Your lawyer will then draft the Bill of Particulars. It is a thorough description of your injuries. It will include all of your losses including the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also describe the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you are seeking. If the case is found to have probable cause, your case will be scheduled for public hearing. If your complaint is rejected due to a finding of no probable cause or because the court is not in jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant through certified or registered mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which describes the damages and injuries you've suffered more fully. It may include photographs of your injuries, medical bills, and lost wages. The document also includes information about the incident and how you believe the defendant is accountable for the injury. In the middle of a lawsuit, called “discovery”, each party is able to ask questions and review evidence presented by the other party. Your attorney will be important in this stage of negotiations since the representatives of the defendant want to have full information before making settlement offers. Your lawyer can also request that you be examined by a doctor of their choosing in relation to the injuries and damages you're seeking. If you fail to attend, the judge may dismiss your case, or demand that you pay the defendant the costs of their examination. Once discovery and inspection are completed, the lawyers on both sides may 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 decide a trial date. During the trial the jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is at fault and the jury awards you damages. If the defendant isn't accountable, the jury will deny your claim. Trial A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries like the suffering of others and loss of companionship. Your lawyer will conduct an investigation regarding your accident in the initial stages of the case to determine the exact cause and the extent of your injuries. He or she will then discuss the matter with the insurance company of the party at fault. Your attorney will keep you up to current on any negotiations and significant developments throughout this process. After negotiations are unsuccessful the lawyer will file a formal complaint in court against defendant. A Complaint, the first official document in a civil suit, identifies all parties, describes the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be personally served which means it must be delivered physically to the defendant. It usually takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or acknowledges the allegations made in the Complaint. At this point your lawyer could submit documents, medical records and other evidence to support your case. Bryan injury attorney You Tube will submit an answer to these documents and the two parties will engage in further negotiations. If the parties are not able to come to an agreement, mediation or arbitration may be required before your case is put to trial. A large portion of personal injury cases are settled outside of court. When a settlement is reached, your lawyer must pay any businesses that have lien on the money settlement through a specific escrow account before he or she will write you a check.