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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These lawsuits typically involve a person at the fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records, as well as other documents, to determine the totality and cost of your injuries and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury lawsuit, the courts award them money to cover their losses. The money can be awarded as lump sums or spread out over a period of time in the settlement is structured. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are costs which can be listed and are measurable for example, 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. Writing down the way your injuries have affected you the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, daily pain levels mental stress and your ability to do things you used to take for granted. In a majority of personal injury cases, more than one defendants are at fault. This is especially common when a business or an individual commits reckless negligence, fraud, and criminal intent. The court can also award punitive damages to discourage others from engaging in the same manner. When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants will be required to provide a response (also called an answering) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer has been filed, the case is moved to an investigation known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This stage accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it is likely that you'll lose the right to damages. Pontiac injury lawsuits 's why it's crucial to speak with an attorney for personal injury about your case early on, even if you are not sure if the accident happened within the deadline. A statute of limitations is a state law which provides a time frame for filing a lawsuit. In many states, the statute of limitations begins at the time of the accident or incident which caused your injuries. The deadline for filing a personal injury lawsuit also depends on the person you are suing. If you intend to sue an entity that is a part of the municipal government (such as city or county), the deadline will be shorter. Additionally, there are certain situations that could alter the statute of limitations in your case. If you were exposed toxic substances or suffered from medical malpractice, for example the statute of limitations can begin when you discover or ought to 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 statute of limitations has expired the defendant will likely inform the court of this and request that your lawsuit be dismissed. If this occurs, the court could dismiss your claim on the spot without a hearing. It is important to consult an attorney who specializes in personal injury immediately 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 who asserts a cause of action and seeks judicial relief. The complaint must also specify the type of relief the plaintiff seeks. The defendant is then required to respond within a specified time period. In general the case, a defendant will reject the claim. If the defendant does not respond, a default judgment may be entered in favor of the petitioner. Most personal injury claims involve actual bodily harm. Physical injuries can be very costly, and your attorney will ensure that you are compensated for any existing medical bills and any future expenses you anticipate. This includes things like medications as well as home care and physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes things such as the inability to walk, drive, or sleep normally. This type of damage is called pain and suffering. When a complaint is made, the court will hold a preliminary meeting to schedule the mandatory oral and physical examinations, as well as any document production. Following the conference your lawyer will draft the Bill of Particulars. It is a comprehensive report of your injuries. This will include your losses including future and present medical expenses as well as lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in life, as well as any other damages not monetary you're seeking. If the case is determined to be a probable cause the case will be scheduled for a public hearing. If the complaint is dismissed because of a ruling 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 by certified or registered post within a specified time. The defendant must respond, or else risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which details the injuries and damages you've suffered in greater detail. It could include photographs of your injuries, medical bills and lost wages. The document also contains details regarding the accident and why you think the defendant is accountable for the damage. During the middle part of a lawsuit referred to as “discovery,” each party gets to ask questions and look over evidence that is held by the other party. The defendant's representatives will need to have complete information before making settlement offers, so your attorney will play a crucial role in negotiations during this stage. Your lawyer can also request that you are examined by a doctor they select in relation to the damages or injuries you're seeking. If you fail to attend, the judge could dismiss your case or require that you pay the defendant for their examination costs. After the discovery and inspection process is completed, attorneys on each side can submit a document referred to as an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then determine the trial date. During the trial, a jury will decide if the defendant is at fault for the accident and your injuries. If the defendant is responsible, the jury may award you damages. If the defendant isn't responsible and the jury denies your claim. Trial A personal injury lawsuit 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 may also be filed over physical injuries, such as suffering and pain, as well as loss of companionship. In the beginning of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your injuries. Then, he or she will work with the insurance company. Your attorney will keep in touch with you about any significant developments and will also negotiate throughout the entire process. After negotiations have failed and your lawyer has to submit a formal complaint to court against the defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, alleges wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to him or her. This usually takes around one month. Once service is complete the defendant has to “answer” the Complaint within a specific time, which is usually 30 days. The answer will explain whether the defendant denies or admits the allegations made in the Complaint. During this phase, your lawyer can submit medical records, documents, and other evidence in support of your case. The lawyer for the defendant will provide a response to these documents, and the two sides will continue to negotiate. If the parties can't reach an agreement, mediation or arbitration could be required before a trial can take place. However, a large percentage of personal injury cases are settled out of court. When a settlement is reached, your lawyer must 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.