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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. In these cases the defendant is typically the person who is at fault. The plaintiff is usually the victim. Your attorney will examine your medical records and other documents 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 If a plaintiff prevails in an injury lawsuit the courts award them funds to cover their losses. These funds can be awarded in a lump sum or paid 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 the ones that can be quantified that can be listed, such as medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of living, are more difficult to quantify. Keeping a journal detailing the way your injuries have affected you the odds of obtaining the most money for damages that are not economic. This includes the effect on your relationships, daily pain levels, mental anguish and your ability to complete things you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is the most frequent scenario when a business or person is guilty of fraud, criminal intent, and gross negligence. 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 receive a summons and complaint. The defendants must provide a response (also called an answering) within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will share information and evidence during this stage and may even conduct depositions. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it's likely that you will lose your right to receive damages. That's why it is important to speak with a personal injury lawyer about your case as early as possible even if not certain if the incident occurred within the timeframe. A statute of limitations is a state law which sets a deadline for filing a lawsuit. In most states the statute of limitations begins on the date of the accident or incident that caused your injuries. The deadline to file a personal injury lawsuit also depends on the individual you are suing. For instance, if you would like to sue a local government entity (such as a city or county) the deadline is much shorter. There are also certain situations which could change the time limit in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain instances, minors are exempt from the statute of limitations. If you file an injury claim after the statute of limitations has expired, your defendant will likely tell the court about this and request to dismiss your claim. If this occurs, the court will dismiss your claim on the spot without hearing. It is crucial to speak with an attorney for personal injuries as soon as possible to discuss your situation and determine if you have an official claim. Complaint A complaint is a legal formal document filed by a plaintiff that alleges an actionable cause and demands legal relief. The complaint should also state the type of compensation that the plaintiff seeks. The defendant is then required to respond within a specified timeframe. A defendant will usually decline to respond. If the defendant does not respond, a default judgment may be made in favor of the petitioner. Personal injury claims are usually caused by bodily injury. Your attorney will make sure that you are compensated both for medical bills currently incurred and any future costs. These include things like medication as well as home care and physical therapy. You may also be able to claim any loss in your quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as suffering and pain. Fort Worth injury lawyers will call a preliminary conference when the complaint has been filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will prepare a Bill of Particulars. This is a thorough report of your injuries. This will include the losses you have suffered including your future and current medical expenses as well as lost wages and property damage. Your lawyer will also outline the alleged emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you're seeking. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause, or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff file a complaint with the court and then sends the defendant a copy by registered or certified mail within a certain time frame. The defendant has to respond or risk a default judgement against them. Your New York City personal injury attorney will submit a Bill of Particulars, which sets out the injuries and damages you've suffered more fully. It could include photos of your injuries, medical bills, and lost wages. The document also contains details about the accident and how you believe the defendant is accountable for the injury. In the middle of a lawsuit, also known as “discovery”, each party has the opportunity to ask questions and examine evidence provided by the other party. The defendant's representatives will want to have all the facts before making settlement offers, therefore your attorney plays a significant role in negotiations during this stage. Your lawyer can also ask to have you examined by the doctor of their choice regarding the injuries and damages you're claiming. If you don't take part, the judge may dismiss your case, or demand that you pay the defendant the costs of their examination. After discovery and inspection have been completed, lawyers on each side can file something called an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then decide on 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 isn't accountable and the jury denies your claim. Trial A personal injury lawsuit can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. A lawsuit could also be filed for non-physical injuries like pain and discomfort and loss of companionship. In the beginning of your case the lawyer will investigate your accident to fully understand the cause of the incident and the extent of your injuries. He or she will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will stay in touch with you about any significant developments and will also negotiate throughout the entire process. After negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, details the incident, alleges wrongdoing, and seeks compensation. The complaint must be served personally, which means that it must be physically handed to the defendant. This usually takes approximately a month. Once service is complete and the defendant is required to “answer” the Complaint within a specific date, which is usually 30 days. The answer will tell you if the defendant admits to the allegations in the Complaint or refuses to acknowledge them. In this stage your lawyer may submit medical records, documents and other evidence to support of your case. The defendant's attorney will then reply to these documents and the two sides will start further negotiations. If the parties cannot come to an agreement, mediation or arbitration may be required prior to the trial can be held. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award from a special account before distributing the check.