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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these instances, the defendant is usually the person responsible for the incident. The plaintiff is usually the victim. Your lawyer will review all medical records along with other documentation, in order to determine the totality and cost of your injuries and damage. This will assist them in preparing and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury lawsuit the court will award the plaintiff money to pay 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 types of compensatory damages: specific and general. Special damages are costs that can be itemized and are measurable, such as medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of life are more difficult to quantify. Keep a diary of how your injuries have affected your chance of winning the maximum amount of compensation for non-economic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental stress and how your injuries impact your ability to participate in the activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is the most frequent scenario when a person or business commits fraud, criminal intent and gross negligence. The court can also award punitive damage to discourage others from engaging in the same manner. When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants must submit a response (also called an answer) within 30 days. Typically, defendants deny the allegations made in the complaint. Once the answer is filed and the case is referred to as a fact-finding stage known as discovery. This is when the parties exchange pertinent information and evidence, which includes depositions under the oath. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you will lose the right to damages. It is essential to speak with a personal injury attorney as soon as you can even if you're unsure certain if the incident occurred before the time frame. A statute of limitations is a law in a state which sets a time frame on the time you can file an injury lawsuit. In many states, a statute of limitations begins on the date of the incident or incident led to your injuries. The time limit 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 city or county) the deadline is much shorter. There are also certain situations which could change the statute of limitation in your situation. For instance, if you were exposed to toxic substances or suffered medical malpractice the statute of limitations may start when you realize or should have realized that your injuries were caused by negligence. In certain cases minors are exempt from the statute of limitation. If you make a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and ask to dismiss your claim. In this instance the court will dismiss your claim without a hearing. This is why it's crucial to speak with a seasoned personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal formal document filed by a plaintiff that alleges an action, and a demand for judicial relief. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant must then respond within a specific time period. The defendant is usually able to deny the claim. If the defendant does not respond, default judgment can be made in favor of the petitioner. Personal injury claims are usually founded on bodily injury. Your attorney will make sure that you are compensated both for your current medical bills and any future costs. This includes things like medications, home care and physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This type of damage is called pain and suffering. When a complaint is filed when a complaint is filed, the court will hold a preliminary conference to schedule obligatory oral and physical examinations as well as any document production. Following the conference, your lawyer will prepare a Bill of Particulars. It is a thorough description of your injuries. It will include all of your losses, including the costs of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also outline the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you're seeking. If the case is deemed to be probable cause the case will be scheduled for a public hearing. If your complaint is dismissed because of a determination of no probable reason or because the court does not have authority, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant through registered or certified mail within a specific time frame. The defendant must respond, or they risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've sustained more fully. It could include photos of your injuries, medical bills and lost wages. The document also contains details regarding the accident and why you think the defendant is accountable for the damage. In the middle of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and examine evidence held by the other party. Your lawyer will be crucial during this stage of negotiations because the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also ask that you be examined by the doctor of their choice in regard to the damages and injuries you're claiming. If you do not attend, the judge may dismiss your case, or demand that you pay the defendant for the costs of their examination. After the discovery and inspection, attorneys from both sides may file a document 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 schedule a trial. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is at fault the jury could award you damages. If the defendant is not accountable then the jury will deny your claim. Trial Personal injury claims can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries like the suffering of others and loss of companionship. In the early stages of your case the lawyer will investigate the accident to determine what occurred and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your lawyer will keep you up-to current on any negotiations and significant developments during this process. If negotiations fail and your lawyer has to make a formal complaint to the court against the defendant. A complaint is the first official document in a civil lawsuit that identifies the parties, describes the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. It typically takes approximately a month. After service is completed, the defendant must “answer” the Complaint within a specific time frame, which is typically 30 days. The answer is whether the defendant acknowledges the allegations in the Complaint or denies them. During this stage your lawyer will submit medical records, documents as well as other evidence to prove your argument. The defendant's attorney will then reply to these documents and the two sides will start negotiations. If the parties are not able to reach a settlement the mediation or arbitration process could be required prior to your case goes to trial. However, a large percentage of personal injury cases are settled out of court. Irvine injury lawyers must first pay any company that have liens on your award from a specific escrow fund before issuing you an actual check.