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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these situations, the defendant is usually the one who is who is at fault. The plaintiff is usually the injured party. Your attorney will examine your medical records and other documents to determine the extent of your injuries, the costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case the courts award them money to cover their losses. The money can be awarded as an amount in one lump sum or spread over a time period in an agreed settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are costs which can be listed and are measurable like medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of living, are more difficult to quantify. Writing down how your injuries have affected you can help improve the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to perform things you once took for granted. In many personal injury lawsuits there are many defendants. This is the most frequent scenario when a business or individual commits criminal intent, fraud, and gross negligence. The court can also award punitive damages to deter others from committing the same manner. Once a lawsuit is filed the defendants will be served with a summons and complaint. The defendants must provide a response (also known as an answering) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed the case will move to the process of fact-finding, also known as discovery. Both parties will exchange information and evidence in 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 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. It is essential to speak with an attorney in personal injury as soon as possible even if you're unsure sure whether the accident occurred within the time frame. A statute of limitations is a state law that sets a deadline on the time you have to make an injury lawsuit. In most states, a statute of limitations begins on the date on which the accident or incident led to your injuries. The deadline to file a lawsuit also depends on the party you are suing. For example, if you want to sue a municipal government entity (such as a county or city), the deadline is much shorter. Additionally, there are certain situations that could alter the statute of limitations in your particular case. For example, if you were exposed to harmful substances or a victim of medical malpractice the time limit may begin when you discover or should have discovered, that your injuries were the result of negligence. In some cases minors are not subject to the statute of limitation. If you file an injury claim after the statute of limitation has expired Your defendant is likely to tell the court about this and ask that your lawsuit be dismissed. In this scenario, the court will dismiss your claim summarily without hearing. This is why it's important to consult an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document that is filed by a person who alleges a cause for action and seeks legal relief. The complaint must also specify the type of compensation that the plaintiff seeks. The defendant must then respond within a specific time frame. Miramar injury lawyer is usually able to reject the claim. If the defendant does not respond, a default judgment could be entered in the petitioner's favor. In most cases, personal injury claims are based on actual bodily harm. Physical injuries can be expensive, and your attorney will ensure that you receive compensation for any current medical bills and any anticipated future expenses. These include things like medication or home care, as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things like the inability to walk, sleep or drive normally. This type of damages is referred to as suffering and pain. When a complaint is filed and the court is notified, they will hold a preliminary conference to set the date for mandatory physical and oral examinations, as well as any document production. Your lawyer will then draft an Bill of Particulars. It is a thorough description of your injuries. This will include the losses you have suffered including your current and future medical expenses, lost wages and property damage. Your lawyer will also detail the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other damages that you seek. If the case is found to have probable cause the case will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable cause or because the court lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff files the complaint with a court and sends a copy of the document to the defendant via 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 an Bill of Particulars that outlines the damages and injuries sustained by you in greater depth. It may include photographs of your injuries, medical bills and lost wages. It may also include details of the incident and the manner in which the defendant is accountable for your harm. During the middle part of a lawsuit, also known as “discovery,” each party is allowed to ask questions and look over evidence held by the other party. Your lawyer will be crucial during this stage of negotiations since the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also request to have you examined by a doctor they select for the injuries or damages you're seeking. If you don't attend, the judge could dismiss your case, or demand that you pay the defendant for their examination costs. Once discovery and inspection are completed, the lawyers on both sides can file a document known as a “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 decide on the trial. During the trial, the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is accountable, the jury will award you damages. If the defendant isn't at fault then the jury will deny your claim. Trial Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful death (libel or slander), and physical harm from accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical, such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct an investigation on your accident in the initial stages of the investigation to determine the exact cause and the extent of your injuries. The lawyer will then engage with the insurance company of the party who is at the fault. Your lawyer will keep you up-to current on any negotiations and important developments throughout the process. If negotiations fail, your lawyer will submit a formal complaint to court against the defendant. A Complaint, which is the first official document in civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. It usually takes about one month. After service has been completed the defendant has to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer will explain whether the defendant denies or acknowledges the allegations in the Complaint. During this stage your lawyer will submit documents, medical records and other evidence to support your case. The lawyer for the defendant will provide an answer to these documents and the two parties will engage in further negotiations. If the parties are unable to reach an agreement and mediation or arbitration might be required prior to your case goes to trial. A significant number of personal injury cases are settled outside of court. When a settlement is reached, your lawyer has to pay any companies that have lien on the money settlement out of a separate account for escrow before he or she will write you an official check.