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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. In these instances the defendant is usually the one at fault. The plaintiff is typically the injured party. Your lawyer will go through all medical records along with other documents, to determine the full extent and cost of your injuries and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury lawsuit, the courts award them money to cover their losses. These funds may be awarded in one lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: general and special. Special damages are costs which can be listed and are measurable, such as medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of life are more difficult to quantify. Keep a diary of how your injuries have affected you can help improve your chances of obtaining maximum compensation for non-economic damages. This includes the effect on your relationships, pain levels throughout the day 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 especially common when an individual or business is guilty of gross negligence, fraud, and criminal intention. Glendale injury attorneys may also award punitive damages to deter other people from acting in the same way. After a lawsuit has been filed and the defendants are served with a summons and complaint. They will then be required to respond or answer, within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed, the case will enter a fact-finding stage known as discovery. Both parties will exchange information and evidence in this stage including depositions. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline. 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. That's why it is important to consult an attorney who specializes in personal injury to discuss your case early on even if not sure if the accident occurred within the timeframe. A statute of limitation is a law in a state that sets a deadline for filing an action. In most states, a statute of limitations begins the date that the accident or incident led to your injuries. The deadline to file a lawsuit for personal injury also varies depending on the person you're suing. For example, if you are seeking to sue a municipal government agency (such as a city or county), the deadline is shorter. There are certain circumstances which could change the time limit in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for example the statute of limitations can begin when you discover or ought to have known that your injuries are the result of negligence. In certain cases, 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 inform the court and ask for your lawsuit to be dismissed. In this case, the court will dismiss your claim in a hurry without a hearing. This is why it's crucial to consult an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal document filed by a person who asserts an actionable cause and demands legal relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant must then respond within a set timeframe. In general, a defendant will reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. Most personal injury claims involve actual bodily injury. Your attorney will ensure that you are compensated both for the medical bills you are currently paying as well as any future expenses. This includes things like medications as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes things like the inability to walk, drive, or sleep normally. This kind of damage is referred to as pain and suffering. The court will schedule an initial conference once a complaint has been filed. The court will schedule any mandatory oral or physical examinations as well as the production of any documents. After the conference, your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. It will include all your losses including the cost of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life as well as any other damages that are not monetary that you're seeking. If the case is deemed to be probable cause, your case will be scheduled for a public hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff file a complaint with the court and then sends the defendant a copy of the complaint via certified or registered post within a certain time frame. The defendant has to respond, or else risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It may 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 harm. During the middle part of a lawsuit referred to as “discovery,” each party is allowed to ask questions and inspect evidence held by the other party. Your attorney is crucial in this stage of negotiations as the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also request that you be examined by the doctor of their choice regarding the injuries and damages you're claiming. If you do not attend, the judge may dismiss your case or order that you pay the defendant for the cost of their examination. After the discovery and inspection, attorneys on both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then schedule a trial. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you sustained. If the defendant is responsible and the jury awards you damages. If the defendant is not liable then 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) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like suffering and pain, as well as loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the beginning stages of the case to determine the precise nature and severity of your injuries. He or she will then discuss the matter with the insurance company of the party who is at fault. Your lawyer will keep you up-to date on any negotiations and significant developments during this process. Once negotiations have failed and your lawyer has to make a formal complaint to court against the defendant. A Complaint is the first official document in a civil suit that identifies the parties, details the incident, argues for wrongdoing and demands compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. It typically takes one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant admits to the allegations in the Complaint or refuses to acknowledge them. During this stage your lawyer could submit documents, medical records as well as other evidence to prove your argument. The lawyer representing the defendant will submit an answer to these documents, and the two sides will engage in further negotiations. If the parties can't reach an agreement, mediation or arbitration may be required before a trial can take place. However, a significant percentage of personal injury cases settle out of court. When a settlement is reached, your lawyer has to pay any businesses that have lien on the settlement through a specific account for escrow before he or she will write you a check.