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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. In these instances, the defendant is usually the person who is at fault. The plaintiff is usually the victim. Your lawyer will go through all medical records along with other documentation, in order to determine the totality and cost of your injuries and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury case, the courts award them money to pay for their damages. The money can be awarded as lump sums or spread over a time period or as part of an agreed settlement. These funds are referred to as compensatory damages. There are two types: special and general. Special damages are costs that can be categorized and are measurable, such as 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 journal in which you can record the way your injuries affected you. This increases your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the effect on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to complete things 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 make punitive damages in order to discourage others from acting in the same manner. The defendants receive a summons along with a complaint after the lawsuit has been filed. The defendants will be required to provide a response (also called an answer) within 30 days. Typically, the defendants will deny the allegations in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is where both parties will share relevant information and evidence, as well as taking depositions under an oath. This is where you will find the majority of time in a personal injury lawsuit timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it's likely that you will lose the right to damages. It is crucial to speak with an attorney in personal injury as soon as possible even if you're not certain if the incident occurred before the time frame. A statute of limitations is a law of the state that sets a deadline on the time you must bring a lawsuit for injury. In the majority of states the statute of limitations starts on the date of the incident or accident which caused your injuries. The deadline to file a personal injury lawsuit also depends on the individual you are seeking to sue. For instance, if you want to sue a municipal government entity (such as a county or city) the deadline is shorter. In addition, there are certain situations that could alter the statute of limitations in your case. For example, if you were exposed to toxic substances or suffered medical malpractice The time limit may begin when you realize, or reasonably should have discovered, that your injuries were caused by negligence. In certain cases minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitations has expired the defendant will likely inform the court and request the case to be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without hearing. It is important to consult an attorney who specializes in personal injury as soon as possible to discuss your situation and determine if you can make an official claim. Complaint A complaint is a formal legal document filed by a party who claims a cause of action and seeks judicial relief. The complaint should also state the type of compensation that the plaintiff seeks. The defendant must then respond within a specified timeframe. The defendant is usually able to decline to respond. If the defendant does not respond, default judgment can be granted to the petitioner's behalf. Personal injury claims are usually founded on bodily injury. Physical injuries can be extremely costly, and your attorney will work to ensure you get paid for any existing medical bills, as well as any future expenses you anticipate. This includes things like medications or home care, as well as physical therapy. You can also claim for any loss in your quality of life that is caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is called suffering and pain. The court will call the preliminary conference after a complaint has been filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Davenport injury lawsuit will then prepare an Bill of Particulars. It will provide a full description of your injuries. This will include your losses including your future and current medical expenses, lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in life as well as any other damages not monetary you seek. If the case is deemed to have probable cause, your case will be scheduled for a public hearing. If your complaint is rejected due to a determination of no probable reason or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff submits a complaint to the court and sends the defendant a copy by registered or certified mail within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries suffered by you in greater detail. This may include photos of your injuries, medical expenses and lost wages. It also includes details of the accident and how the defendant is responsible for the harm you suffered. In the middle of a lawsuit referred to as “discovery,” each party gets to ask questions and look over evidence that is held by the other party. The defendant's representatives will want to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time. Your lawyer can also ask to have you examined by any doctor they choose in relation to the injuries and damages you're claiming. If you don't attend, the judge may dismiss your case or require that you pay the defendant their examination costs. After the discovery and inspection, attorneys on both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then decide on a trial. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant is not accountable and the jury decides to deny your claim. Trial Personal injury claims can cover a broad variety of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents like car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries like the suffering of others and loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the initial stages of the case to determine the exact cause and the extent of your injuries. Then, he or she will work with the at-fault party's insurance company. Your attorney will keep in contact with you regarding any significant developments and will also negotiate throughout the entire process. After negotiations have failed, your lawyer will make a formal complaint to the court against the defendant. A Complaint, which is the first official document filed in a civil suit, identifies all parties, details the incident and alleges wrongdoing. It also seeks compensation. The complaint must be personally served and must be physically handed to the defendant. It typically takes one month. After service is completed, the defendant must “answer” the Complaint within a set time frame, which is typically 30 days. The answer will reveal whether the defendant denies or acknowledges the allegations contained in the Complaint. During this phase your lawyer will be able to submit documents, medical records and other evidence to support of your case. The lawyer representing the defendant will submit an answer to these documents and the two sides will then engage in further discussions. If the parties are unable to reach a settlement the mediation or arbitration process could be required prior to your case can go to trial. However, a significant percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer must pay any companies with liens on the monetary settlement out of a separate account for escrow before he or she will write you an official check.