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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these situations the defendant is usually the one responsible for the incident. The plaintiff is usually the victim. Your attorney will examine your medical records and other documentation to assess the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury case the court will award them money to pay for damages. These funds may be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those that can be quantified that can be listed, such as medical bills and lost earnings. General damages are more difficult to quantify a dollar amount on, such as pain and suffering and loss of enjoyment. Writing down how your injuries have affected your chances of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels as well as mental anxiety and your ability to perform things you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or an individual commits gross negligence, fraud, and criminal intention. The court can also award punitive damage to deter other people from doing the same thing. The defendants will receive a summons with a complaint once a lawsuit has been filed. The defendants must provide a response (also called an answer) within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. This is when both parties will share relevant information and evidence, which includes depositions under oath. This is the majority of a personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations expires you could lose your right to recover damages. That's why it is important to consult an attorney for personal injury about your case early on, even if you are not sure if the incident occurred before the deadline. A statute of limitation is a law of the state that establishes a deadline for filing lawsuits. In many states, the statute of limitations runs at the time of the accident or incident which caused your injuries. The time limit for filing an injury lawsuit also depends on the party you are suing. For example, if you are seeking to sue a municipal government agency (such as a city or county), the deadline is significantly shorter. Additionally, there are certain situations which could change the statute of limitations in your situation. For instance, if were exposed to harmful substances or suffered medical negligence, the time limit may begin when you realize or ought to have discovered, that your injuries were caused by negligence. In read this , the statute of limitations may be tolled for minors. If you make a claim for injury after the statute of limitation has expired Your defendant is likely to inform the court about this and ask to dismiss your claim. In this instance the court will dismiss your claim summarily without hearing. It is important to consult an attorney for personal injuries as soon as you can to discuss your case to determine if you can make a legal claim. Complaint A complaint is a formal legal document filed by a party that asserts a cause of action and seeks legal relief. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specified time frame. In general, a defendant will reject the claim. If the defendant fails to respond to the claim, a default judgement may be granted in favor of the petitioner. Most personal injury claims involve actual bodily injury. Your lawyer will ensure that you receive compensation for your current medical bills as well as any future expenses. These expenses include medication or home care as well as physical therapy. In addition, you can claim for any loss of quality of life resulting from your injuries. This includes things such as the inability to walk, sleep or drive normally. This type of damages is referred to as pain and suffering. The court will schedule an initial conference once the complaint has been filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. It will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will also outline the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you are seeking. If your case is deemed to have probable cause you will be scheduled for an open hearing. If your complaint is rejected due to a finding of no probable cause or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. 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 specified timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the injuries and damages suffered by you in greater detail. It could include photos of your injuries, medical bills and lost wages. The document also contains details about the incident and how you think the defendant is responsible for the damage. In the middle of a lawsuit called “discovery,” each party gets to ask questions and inspect evidence held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney plays a significant role in negotiations during this stage. Your lawyer can also ask to see you by a doctor they choose in relation to the injuries or damages you're claiming. If you don't attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs. Once discovery and inspection are completed, the lawyers on both sides can file something called the “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then set the date for the trial. During the trial the jury will decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant is not accountable, the jury will deny your claim. Trial A personal injury lawsuit involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries like suffering and pain, as well as loss of companionship. Your lawyer will conduct research regarding your accident in the beginning stages of the case to determine the exact cause and the extent of your injuries. He or she will then engage with the insurance company of the party at the fault. Your lawyer will keep you up to date on any negotiations and important developments throughout the process. If negotiations fail and your lawyer has to file a formal complaint in court against the defendant. A Complaint, the first official document of a civil suit, identifies all parties, details the incident and alleges wrongdoing. It also requests compensation. The complaint must be personally served which means it must be handed over physically to the defendant. This typically takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant acknowledges the allegations in the Complaint or denies them. During this time, your lawyer can submit medical records, documents as well as other evidence in support of your case. The attorney representing the defendant will then reply to these documents and the two sides will start further negotiations. If the parties cannot reach an agreement, mediation or arbitration could be required before the trial can be held. However, a significant percentage of personal injury cases are settled out of court. Your lawyer must first pay any companies that have lien on your monetary award from a special account before distributing the check.