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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. These lawsuits typically involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will review all of your medical records, as well as other documents, 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 a personal injury case the courts award them funds to cover their losses. The funds may be awarded as an amount in one lump sum or spread over a time period, as part if a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are expenses that can be itemized and quantifiable for example, medical expenses and lost wages. General damages are more difficult to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment of life. Keep a journal to document the way your injuries affected you. This increases your chances of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental stress and how injuries affect your ability to participate in the activities you used to take for taken for granted. In a lot of personal injury cases, multiple defendants are accountable. This is most common when a business or an individual is guilty of gross negligence, fraud, and criminal intention. The court can also award punitive damages to discourage others from doing the same thing. Once a lawsuit is filed, the defendants will receive a summons and complaint. The defendants must respond (also called an answer) within 30 days. Usually, the defendants deny the allegations in the complaint. After the answer is filed, the case will enter a fact-finding stage known as discovery. This is when the parties exchange pertinent information and evidence, including depositions under oath. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations has expired, you will likely lose your right to recover damages. This is why it's important to speak with an attorney who specializes in personal injury to discuss your case as early as possible even if you're not sure if the accident occurred before the deadline. A statute of limitations is a state law which sets a time frame on the amount of time you can make an injury lawsuit. In most states the statute of limitations runs at the time of the accident or incident that caused your injuries. The time limit for filing an injury lawsuit is dependent on the person you are seeking to sue. If you are suing an entity of municipal government (such as city or county), the deadline will be shorter. Additionally there are certain circumstances that could alter the statute of limitations in your case. For example, if you were exposed to toxic substances or suffered medical negligence The time limit may begin when you discover or should have realized that your injuries were caused by negligence. In certain instances, minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and request the case to be dismissed. If this occurs, the court could dismiss your claim on the spot without a hearing. It is crucial to speak with an attorney who specializes in personal injury as soon as possible to discuss your case to determine if you can make an official claim. Complaint A complaint is a formal legal document filed by a plaintiff which asserts 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 time period. A defendant is likely to decline to respond. If the defendant does not respond to the claim, a default judgement may be granted for the petitioner. Personal injury claims are typically caused by bodily injury. Your lawyer will ensure that you receive compensation for the medical bills you are currently paying and any future costs. These include things like medication or home care, as well as 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. When a complaint is filed, the court will convene a preliminary conference to plan mandatory physical and oral examinations, as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a detailed report of your injuries. This 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 or disfigurement, loss of enjoyment of life and any other damages that are not monetary you're seeking. If Bloomington injury attorneys is deemed to be a probable cause your case will be scheduled for public hearing. If the complaint is dismissed as a result of a decision 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 the issue of a summons. The plaintiff file a complaint with the court and sends the defendant a copy via registered or certified mail within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in greater specific detail. This could include photos of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you think the defendant is responsible for the harm. In the middle of a lawsuit, referred to as “discovery” in which each party is able to ask questions and examine evidence provided by the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, and your attorney will play a crucial role in negotiations during this time. Your lawyer can also request that you undergo an examination by a doctor of their choosing in regard to the injuries and damages you're claiming. If you don't attend, the court could dismiss your case. Or, they may require that you pay for the defendant's exam costs. Once discovery and inspection are completed, attorneys on both sides may file something called a “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then determine the trial date. During the trial, a jury will determine if the defendant is at fault for the accident and injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't accountable and the jury denies your claim. Trial Personal injury claims can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander) and physical injury caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries such as suffering and pain, as well as loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand what happened and the magnitude of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your attorney will keep in contact with you regarding any significant developments and discussions throughout the entire process. If negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file a formal complaint in a court against the defendant. A Complaint is the initial official document in a civil suit that identifies the parties, describes the incident, argues for wrongdoing and demands compensation. The complaint must be served personally, which means that it must be physically handed to the defendant. This usually takes one month. Once service is complete, the defendant must “answer” the Complaint within a set time frame, which is typically 30 days. The answer will reveal whether the defendant denies or acknowledges the allegations in the Complaint. In this stage, your lawyer can provide medical records, documents and other evidence to support of your case. The defendant's lawyer will submit a response to these documents, and the two sides will engage in further negotiations. If the parties are not able to reach a settlement, mediation or arbitration may be required prior to your case is put to trial. A significant portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer has to pay any companies with lien on the money award out of a special account in escrow before he/ she will write you an official check.