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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. These cases often involve a party who is at the fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury case the judge awards the plaintiff money to pay damages. These funds can be awarded as a lump sum or spread over a time period or as part of the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be categorized for medical expenses and lost earnings. General damages are more difficult to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Writing down how your injuries have affected your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to perform things you used to take for granted. In many personal injury cases, multiple defendants are at fault. This is particularly true when a person or business commits the most blatant negligence, fraud and criminal intent. The court can also make punitive damages in order to discourage others from acting in a similar manner. The defendants are served with an order with a complaint once the lawsuit has been filed. They must submit a response or answer, within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer is filed, the case will enter a fact-finding stage known as discovery. The parties will share information and evidence during this phase and may even conduct depositions. This is where you will find the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file an injury lawsuit after the statute of limitations expires you could lose your right to recover damages. That's why it is important to speak with an attorney who specializes in personal injury to discuss your case early even if you're not certain if the incident occurred before the deadline. A statute of limitations is a state law which establishes a deadline for filing a lawsuit. In many states the statute of limitations begins the date of the incident or incident caused your injuries. The deadline for filing an injury lawsuit also depends on the party you are seeking to sue. If you are suing an entity of municipal government (such as the city or county) the deadline is shorter. In addition, there are certain situations that could alter the statute of limitations in your situation. For instance, if you were exposed to harmful substances or a victim of medical negligence, the statute of limitations could begin when you discover or should have realized that your injuries were the result of negligence. In certain instances the statute of limitations can be extended for minors. 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 summarily dismiss your claim without a hearing. This is why it's important to speak with a seasoned 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 formal legal document filed by a plaintiff that alleges a cause of action and demands judicial relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified time period. The defendant is usually able to reject the claim. If the defendant does not respond, a default judgment may be entered in favor of the petitioner. Personal injury claims are usually based on actual bodily harm. Your lawyer will ensure that you are compensated both for your current medical bills and any future expenses. These include things like medication, home care and physical therapy. You may also be able to claim any loss in quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damages is known as pain and suffering. The court will call the preliminary conference after the complaint has been filed. The court will schedule any mandatory physical or oral examinations, and also the production of any documents. After the conference, your lawyer will prepare the Bill of Particulars. It is a thorough description of your injuries. It will include all of your losses including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you seek. If the case is determined to be probable cause your case will be scheduled for a public hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant by certified or registered mail within a specified timeframe. The defendant has to respond, or else risk a default judgement against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photos of your injuries, medical bills, and lost wages. The document also includes information about the incident and how you believe the defendant is accountable for the injury. In the middle of a lawsuit, referred to as “discovery” in which each party is able to ask questions and review evidence presented by the opposing party. The representatives of the defendant will want 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 can also ask to see you by a physician they select in relation to the injuries or damages you're claiming. If you do not attend, the judge could dismiss your case, or demand that you pay the defendant for their examination costs. After Philadelphia injury attorney and inspection, attorneys on both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then decide on the trial. During the trial, a jury will determine if the defendant is at fault for the accident and injuries. If the defendant is responsible, the jury may award you damages. If the defendant isn't accountable then the jury will dismiss your claim. Trial A personal injury lawsuit involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit could also be filed for physical injuries, such as pain and discomfort and loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of the accident to determine what happened and the magnitude of your damages. The lawyer will then discuss the matter with the insurance company of the party at the fault. Your attorney will keep in touch with you on any significant developments and negotiations throughout the entire process. If negotiations fail, your lawyer will make a formal complaint to court against the defendant. A complaint, the first official document of civil lawsuits, names all parties, describes the incident, and claims that there was wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. This usually takes a month. Once service is complete and the defendant is required to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer explains whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. In this stage your lawyer will be able to submit medical records, documents, and other evidence in support of your case. The attorney representing the defendant will respond to these documents and the two sides will begin negotiations. If the parties are unable to reach an agreement, then mediation or arbitration could be required prior to trial can begin. However, a substantial portion of personal injury cases settle out of court. After a settlement has been reached, your lawyer must pay any companies with liens on the monetary settlement out of a separate account in escrow before he/ she will write you an official check.