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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these instances the defendant is usually the one who is responsible for the incident. The plaintiff is typically 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 on behalf of you. Damages If a plaintiff is successful in a personal injury lawsuit, the judge gives the plaintiff a sum of money to cover damages. The funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those which can be listed and are measurable for example, medical expenses and lost wages. General damages are harder to put a dollar amount on, like suffering and suffering, as well as loss of enjoyment of life. Keeping a journal detailing how your injuries have affected you can help improve your chances of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels mental stress and your ability to do things you once took for granted. In many personal injury cases, multiple defendants are accountable. This is most common when a business or individual is guilty of criminal intent, fraud, and gross negligence. The court may also give punitive damages to discourage others from acting in a similar manner. Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants will be required to respond (also known as an answering) within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. Redding injury attorneys is when both parties will exchange relevant information and evidence, including depositions under an oath. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out the statute of limitations will expire and you'll likely lose the right to collect damages. It is crucial to speak with an attorney for personal injuries as soon as possible even if you're not certain whether the incident occurred within the deadline. A statute of limitations is a law in a state that sets a deadline on the amount of time you can bring a lawsuit for injury. In many states the statute of limitations runs at the time of the incident or accident which caused your injuries. The time limit to file a lawsuit is dependent on the person you are seeking to sue. For example, 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 that could alter the statute of limitations in your situation. If you have been exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain cases, the statute of limitations is tolled for minors. If you submit an injury claim after the statute of limitation has expired the defendant will likely inform the court of this and request that your case be dismissed. In this instance the court will dismiss your claim in a hurry without hearing. This is why it's important to talk with 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 plaintiff which asserts an action and demands the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified time period. In general the event of a denial, the defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be made in favor of the petitioner. In the majority of cases, personal injury claims are based on actual bodily injury. Physical injuries can be extremely costly, and your attorney will ensure that you are compensated for any existing medical bills as well as any anticipated future expenses. This includes things like medications, home care and physical therapy. You may also be able to claim any loss in quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of damage is known as suffering and pain. If a complaint is filed and the court is notified, they will hold a preliminary conference to set the date for the mandatory oral and physical examinations, as well as any document production. Your lawyer will then draft the Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered including the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will also outline the possible emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you are seeking. If the case is found to be probable cause, your case will be scheduled for public hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant by certified or registered mail within a certain time frame. The defendant has to respond, or else risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in more detail. It could include photos of your injuries, medical bills, and lost wages. It also contains details about the incident and the manner in which the defendant is responsible for your injuries. During the middle phase of a lawsuit, also known as “discovery” the parties is able to ask questions and look over evidence presented by the opposing party. Your attorney is crucial in this phase of negotiations since the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer may also request that you are examined by a doctor they choose for the injuries or damages you're claiming. If you don't attend, the court may dismiss your case. Or order that you pay for the doctor's examination costs. After the discovery and inspection process is completed, lawyers on both sides can file something called an “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then set a trial date. 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 the jury could award you damages. If the defendant isn't accountable then the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander), and physical harm from accidents, such as car crashes and falls. A lawsuit may also be filed for physical injuries, such as pain and discomfort and loss of companionship. In the initial stages of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your losses. The lawyer will then negotiate with the insurance company of the party who is at the fault. Your attorney will keep you up to the minute on any negotiations or important developments throughout the process. If negotiations are unsuccessful the lawyer will file an official complaint in court against defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, alleges wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. This typically takes about a month. After service has been completed and the defendant is required to “answer” the Complaint within a set time, which is usually 30 days. The answer will tell you if the defendant acknowledges the allegations made in the Complaint or denies them. At this point your lawyer could submit documents, medical records and other evidence to support your argument. The attorney representing the defendant will respond to these documents and the two sides will begin negotiations. If the parties are not able to reach an agreement and mediation or arbitration might be required before your case goes to trial. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any companies that have lien on your monetary award from a specific escrow fund before issuing you an actual check.