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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These cases often involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review all of your medical records along with other documentation, to determine the full extent and cost of your injuries and damages. This will help them 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. The money can be awarded in lump sums or spread over a time period or as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs that can be itemized and quantifiable, such as medical expenses and lost wages. General damages are more difficult to put a dollar amount on, such as pain and suffering and loss of enjoyment of life. Writing down how your injuries have affected you can help improve your chance of winning the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels mental stress and your ability to complete activities you used to take for granted. In a lot of personal injury cases, more than one defendants are responsible. This is especially common when a person or business is guilty of the most blatant negligence, fraud and criminal motives. The court can also make punitive damages in order to discourage others from committing the same way. When a lawsuit is filed, the defendants will receive a summons and complaint. They must submit a response which is also known as an answer, within 30 days. Usually, defendants deny the allegations in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. This is where both parties will exchange relevant information and evidence, including taking depositions under the oath. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations expires, you will likely lose the right to claim damages. That's why it is important to speak with an attorney who specializes in personal injury to discuss your case as early as possible even if you're not certain if the incident happened within the deadline. A statute of limitations is a law of the state that sets a time limit on the time you can bring a lawsuit for injury. In the majority of states, the statute of limitations begins on the date of the accident or incident that led to your injuries. The time limit for filing a lawsuit for injury also depends on who you are seeking to sue. If you are suing an entity of municipal government (such as the city or county), the deadline will be shorter. There are other situations that may change the statute of limitations in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In some cases, the statute of limitations may be extended for minors. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely inform the court and request the dismissal of your lawsuit. In this instance, the court will dismiss your claim summarily without hearing. This is why it's crucial to consult an experienced personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is an official legal document that is filed by a person who asserts a cause of action and seeks the judicial remedy. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. In general, a defendant will not respond to the claim. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf. Personal injury claims are typically based on actual bodily harm. Physical injuries can be very expensive, and your attorney will ensure that you are compensated for any existing medical bills as well as any anticipated future expenses. These expenses include medication or home care as well as physical therapy. You can also claim for any loss in your quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is known as pain and suffering. When a complaint is filed and the court is notified, they will hold a preliminary meeting to schedule the mandatory oral and physical examinations as well as any document production. Your lawyer will prepare an Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including your future and current medical expenses, lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life as well as any other non-monetary damages that you're seeking. If Davie injury attorneys is found to be probable cause your case will be scheduled for an open hearing. If the complaint is dismissed as a result 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 the issue of a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy via certified or registered post within a certain time frame. The defendant has to respond, or else risk a default judgement against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in greater specific detail. It could include photos of your injuries, medical bills and lost wages. The document also includes information about the incident and how you believe the defendant is responsible for the damage. During the middle part of a lawsuit called “discovery,” each party has the opportunity to ask questions and inspect evidence that is held by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, therefore your attorney will play an important role in negotiations during this stage. Your lawyer can also ask that you undergo an examination by the doctor of their choice in relation to the injuries and damages you're seeking. If you fail to take part, the judge may dismiss your case or require that you pay the defendant their examination costs. After a discovery and inspection, attorneys from both sides may file a document 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 the trial date. During the trial the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is responsible and the jury awards you damages. If the defendant isn't responsible and the jury denies your claim. Trial A personal injury case encompasses a range of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. A lawsuit may also be filed for injuries that are not physical like discomfort and pain, as well as loss of companionship. In the initial stages of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your damages. Then, he will negotiate with the insurance company. Your attorney will stay in touch with you on any significant developments and discussions throughout the process. After negotiations have failed the lawyer will file a formal complaint in court against the defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. The complaint must be personally served which means it must be handed over physically to the defendant. It typically takes approximately a month. After service is completed the defendant has to “answer” the Complaint within a specific date, which is usually 30 days. The answer will reveal whether the defendant denies or acknowledges the allegations in the Complaint. During this time, your lawyer can submit medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will submit an answer to these documents and the two sides will continue to negotiate. If the parties are unable to reach a settlement, mediation or arbitration may be required prior to your case is put to trial. A large portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies that have lien on the settlement through a specific escrow account before he or they can issue an official check.