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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. In these cases the defendant is usually the person responsible for the incident. The plaintiff is usually the party who is injured. Your attorney will review your medical records and other documents, to determine the full extent and cost of your injuries and the damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in an injury lawsuit, the courts award them money to pay for their damages. These funds may be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are costs which can be listed and quantifiable for example, medical expenses and lost wages. General damages are harder to quantify a dollar amount on, like suffering and suffering, as well as loss of enjoyment. Keep a journal to document how your injuries affected you. This will increase your chance of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels and bouts of mental stress and how injuries affect your ability to take part in the activities you used to take for taken for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or individual is guilty of criminal intent, fraud, and gross negligence. The court can also make punitive damages in order to discourage others from acting in a similar manner. The defendants receive a summons along with a complaint after a lawsuit has been filed. The defendants will be required to provide a response (also known as an answering) within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer has been filed, the case is moved to the phase of fact-finding, also known as discovery. This is where the parties exchange pertinent information and evidence, as well as taking depositions under the oath. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to collect damages. This is why it's important to talk to an attorney for personal injury about your case as early as possible, even if you are not sure if the accident occurred before the deadline. A statute of limitation is a law of the state that establishes a deadline for filing an action. In the majority of states the statute of limitations begins with the date of the accident or incident that led to your injuries. The deadline for filing a lawsuit for personal injury is dependent on the person you are suing. If you intend to sue an entity that is a part of the municipal government (such as the city or county), the deadline will be shorter. There are also certain situations that may change the time limit in your case. For instance, if were exposed to harmful substances or a victim of medical malpractice The statute of limitations may start when you realize, or reasonably should have realized that your injuries were the result of negligence. In certain cases minors are exempt from the statute of limitation. If you file a claim for injury after the statute of limitations has expired the defendant will likely tell the court about this and request to dismiss your claim. If this occurs, the court could summarily dismiss your claim without hearing. It is crucial to speak with an attorney for personal injuries immediately to discuss your situation and determine if you have an official claim. Complaint A complaint is a formal legal document filed by a party that claims a cause of action and seeks legal relief. The complaint should also define the type of relief the plaintiff seeks. The defendant must then respond within a specified timeframe. In general, a defendant will deny the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor. Most personal injury claims are based on actual bodily harm. Physical injuries can be expensive, and your lawyer will work to ensure you get paid for any existing medical bills as well as any anticipated future expenses. These expenses include medication or home care as well as physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as suffering and pain. The court will schedule an initial conference once the complaint is filed. The court will schedule any mandatory oral or physical examinations, and also the production of any documents. After the conference, your lawyer will prepare an Bill of Particulars. It is a comprehensive report of your injuries. It will include all of your losses including the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also describe the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you're seeking. If the case is deemed to be probable cause the 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 doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file a complaint with the court and sends the defendant a copy of the complaint via certified or registered post within a certain time frame. The defendant must respond, or else risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you believe the defendant is accountable for the damage. During the middle phase of a lawsuit, referred to as “discovery” in which each party has the opportunity to ask questions and review evidence held by the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, and your attorney plays a significant role in negotiations during this phase. Your lawyer may also request to have you examined by a physician they select in relation to the damages or injuries you're claiming. If you don't show up, the court may dismiss your case. Also, Huntington Beach injury lawyer may order you to pay for the defendant's exam costs. After the discovery and inspection, attorneys on both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then set a trial date. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is to blame and the jury awards you damages. If the defendant isn't accountable, the jury will deny your claim. Trial A personal injury lawsuit involves a wide range 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. Your lawyer will conduct research regarding your accident in the early stages of the investigation to determine the exact nature and severity of your injuries. Then, he will work with the insurance company of the at-fault company. Your attorney will stay in contact with you regarding any significant developments and negotiations throughout the entire process. After negotiations don't work, your lawyer will file an official complaint in court against defendant. A Complaint, the first official document filed in civil lawsuits, names all parties, describes the incident and alleges wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. This typically takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations contained in the Complaint. During this time your lawyer will be able to provide medical records, documents, and other evidence in support of your case. The lawyer for the defendant will provide a response to these documents, and the two sides will continue to negotiate. If the parties can't reach an agreement, mediation or arbitration may be required prior to the trial can be held. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have liens on your award from a special escrow fund before issuing you the check.