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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. These cases often involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through your medical records and other documents to assess the full extent of your injuries, expenses and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins an injury lawsuit, the courts award them money to pay for their damages. These funds may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are the ones that can be quantified that can be itemized for medical expenses and lost earnings. General damages are difficult to quantify a dollar amount on, like suffering and suffering, as well as loss of enjoyment of life. Writing down the way your injuries have affected you your chances of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anxiety and how injuries affect your ability to take part in activities you once took for taken for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or an individual commits reckless negligence, fraud, and criminal motives. The court can also make punitive damages in order to discourage others from acting in a similar manner. When a lawsuit is filed the defendants will be served with a summons and complaint. They are then required to respond, also known as an answer within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After the answer has been filed, the case moves to an investigation 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 claiming injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose your right to recover damages. That's why it is important to speak with an attorney for personal injury about your case early even if you're not certain if the incident occurred before the deadline. A statute of limitation is a law of the state that sets a deadline for filing an action. In most states the statute of limitations begins on the date of the incident or incident led to your injuries. The deadline for filing a personal injury lawsuit is dependent on the individual you are seeking to sue. If you intend to sue an entity of municipal government (such as city or county) the deadline is shorter. Additionally there are certain circumstances which could change the statute of limitations in your situation. 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 reasonably should have known that your injuries are the result of negligence. In some cases minors are exempt from the statute of limitations. If you file a personal injury claim after the time limit has expired the defendant will likely to inform the court and ask for the case to be dismissed. If this happens, the court will dismiss your claim on the spot without a hearing. It is crucial to speak with a personal injury lawyer as soon as possible to discuss your case to determine if you are eligible to file a legal claim. Complaint A complaint is a legal document filed by a person who alleges a cause of action, and a demand for legal relief. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specified timeframe. In general, a defendant will reject the claim. If the defendant fails to respond to the claim, a default judgment could be granted in favor of the petitioner. In most cases, personal injury claims are based on actual bodily harm. Your lawyer will ensure that you are compensated both for the medical bills you are currently paying and any future costs. These include things like medication, home care and 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, drive, or sleep normally. This kind of injury is called suffering and pain. Ventura injury attorneys will call an initial conference once a complaint has been filed. This will be used to schedule any required physical or oral examinations, and also the production of any documents. After the conference, your lawyer will prepare a Bill of Particulars. It is a comprehensive description of your injuries. This will include your losses including your future and current medical costs as well as lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment in life as well as any other damages that are not monetary that you are seeking. If your case is determined to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a determination that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a certain timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the damages and injuries you've suffered more fully. This may include photos of your injuries, medical expenses and lost wages. It also contains details about the incident and the manner in which the defendant is responsible for your harm. During the middle part of a lawsuit referred to as “discovery,” each party gets to ask questions and examine evidence that is held by the other party. Your lawyer will be crucial in this stage of negotiations because the representatives of the defendants want complete information prior to making settlement offers. Your lawyer may also request that you undergo an examination by any doctor they choose in regard to the damages and injuries you're claiming. If you do not attend, the court may dismiss your case. Or order that you pay for the defendant's examination costs. Once discovery and inspection are completed, lawyers on both sides may file a document known as an “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then decide an appointment date for the trial. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you sustained. If the defendant is liable and the jury awards you damages. If the defendant isn't accountable then the jury will dismiss your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. A lawsuit could also be filed for non-physical injuries like pain and discomfort and loss of companionship. Your lawyer will conduct an investigation on your accident in the early stages of the investigation to determine the exact nature and severity of your injuries. Then, he will negotiate with the insurance company of the at-fault company. Your attorney will keep in touch with you about any significant developments and will also negotiate throughout the process. After negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A complaint, the first official document filed in civil lawsuits, names all parties, details the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. It usually takes about a month. Once service is complete the defendant has to “answer” the Complaint within a specified date, which is usually 30 days. The answer will tell you if the defendant denies or accepts the allegations contained in the Complaint. In this phase, your lawyer may provide medical records, documents as well as other evidence to prove your case. The defendant's lawyer will submit an answer to these documents, and the two sides will then engage in further discussions. If the parties are not able to reach an agreement the mediation or arbitration process could be required before your case goes to trial. However, a substantial portion of personal injury cases settle out of court. Once a settlement is reached, your lawyer has to pay any companies with lien on the award out of a special account in escrow before he/ will issue you an official check.