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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these cases, the defendant is usually the person at fault. The plaintiff is usually the party who is injured. Your attorney will review all of your medical records along with other documentation, in order to determine the totality and cost of your injuries and damage. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury claim the judge awards the plaintiff a sum of money to cover damages. The funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be categorized and are measurable for example, medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment of living are more difficult to quantify. Keep a diary to record how your injuries affected your life. This increases your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels and bouts of mental anxiety, and how your injuries impact your ability to take part in the activities you used to take for granted. In a lot of personal injury cases, more than one defendants are responsible. This is particularly true when a business or an individual is guilty of reckless negligence, fraud, and criminal intention. The court may also make punitive damages in order to discourage others from committing the same manner. When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants will be required to respond (also known as an answering) within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer is filed, the case will enter an investigation stage, known as discovery. The parties will share information and evidence during this stage including depositions. This is the majority of a personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is possible that you will lose the right to damages. It is essential to speak with an attorney in personal injury whenever you can even if you're unsure sure whether the accident occurred before the time frame. A statute of limitations is a law in a state which sets a time frame on the amount of time you have to bring a lawsuit for injury. In most states the statute of limitations starts on the date of the accident or incident which caused your injuries. The deadline to file a lawsuit for personal injury also depends on the person you're seeking to sue. If you want to sue an entity of municipal government (such as a county or city), the deadline will be much shorter. There are certain circumstances which could change the statute of limitation in your case. For instance, if were exposed to harmful substances or suffered medical malpractice, the statute of limitations may start when you discover or should have realized, that your injuries were caused by negligence. In some cases the statute of limitations may be tolled for minors. If you file an injury claim after the time limit has expired the defendant will most likely point this out to the court and ask for the case to be dismissed. In this case, the court will dismiss your claim summarily without a hearing. This is why it's important to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal formal document filed by a plaintiff that asserts a cause of action, and a demand for legal relief. The complaint should also define the type of relief the plaintiff is seeking. The defendant is then obliged to respond within a specified timeframe. In general, a defendant will reject the claim. If the defendant does not respond to the claim, a default judgement may be granted in favor of the petitioner. In the majority of cases, personal injury claims are based on actual bodily injury. Your lawyer will ensure that you are compensated both for the medical bills you are currently paying as well as any future expenses. These expenses include medications, home care, and physical therapy. You can also claim for any loss in your quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as suffering and pain. The court will set up an initial conference once the complaint has been filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will then draft the Bill of Particulars. It is a thorough description of your injuries. It will include all your losses including the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also describe the possible emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you're seeking. If the case is determined to have probable cause, your case will be scheduled for a public hearing. If the complaint is dismissed because of a decision that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process begins 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 by registered or certified mail within a specific time frame. The defendant has to respond or risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which describes the damages and injuries you've suffered more fully. It could include photographs of your injuries, medical expenses and lost wages. The document also contains details about the accident and how you think the defendant is responsible for the damage. During Cranston injury lawsuit of a lawsuit called “discovery,” each party is allowed to ask questions and inspect the evidence of the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, therefore your attorney will play an important role in negotiations during this time. Your lawyer can also ask that you are examined by a physician they select in relation to the injuries or damages you're claiming. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. After the discovery and inspection process is completed, attorneys on both sides may file a document known as 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 determine a trial date. During the trial the jury will determine if the defendant is accountable for the accident and the injuries you suffered. If the defendant is to blame, the jury may award you damages. If the defendant isn't accountable, the jury will reject your claim. Trial A personal injury case can result in a variety of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical such as discomfort and pain, as well as loss of companionship. In the beginning of your case, your lawyer will research your accident to fully understand what happened and the magnitude of your damages. Then, he will negotiate with the at-fault party's insurance company. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments during this process. If negotiations fail the lawyer will file a formal complaint in court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, describes the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. This typically takes about a month. Once service is complete the defendant has to “answer” the Complaint within a specified time, which is usually 30 days. The answer explains whether the defendant is willing to admit 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 begin further negotiations. If the parties are not able to come to an agreement the mediation or arbitration process could be required before your case goes to trial. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any companies with liens on your monetary award through a specialized money escrow before distributing the check.