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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. These cases often involve a person at fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review all medical records and other documentation, to determine the totality and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in an injury lawsuit, the courts award them money to pay for their damages. The funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: general and special. Special damages are measurable costs that can be itemized for medical expenses and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of life, are more difficult to quantify. Keep a journal in which you can record how your injuries affected you. This will increase your chances of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to perform activities you used to take for granted. In a majority of personal injury cases, more than one defendants are accountable. This is the most frequent scenario when a person or business is guilty of fraud, criminal intent, and gross negligence. The court may also award punitive damage to deter other people from engaging in the same manner. After a lawsuit has been filed, the defendants will receive a summons and complaint. They will then be required to file a response which is also known as an answer within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. The parties will share information and evidence in this stage including depositions. This is the majority of a personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations expires, you will likely lose the right to collect damages. It is important to consult an attorney in personal injury as soon as possible even if you're unsure sure whether the accident occurred within the timeframe. A statute of limitation is a law of the state that establishes a deadline for filing an action. In many states, the statute of limitations begins at the time of the accident or incident which caused your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the individual you are suing. If you want to sue an entity of municipal government (such as the city or county), the deadline will be shorter. Additionally, there are certain situations that can change the statute of limitations in your situation. For instance, if you were exposed to harmful substances or suffered medical negligence the statute of limitations could begin when you realize, or reasonably should have discovered, that your injuries were the result of negligence. In certain instances the statute of limitations may be tolled for minors. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely inform the court and request the case to be dismissed. In this scenario, the court will dismiss your claim summarily without a hearing. That's why it is important to talk with an experienced 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 that is filed by a party that claims a cause of action and demands judicial relief. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant must then respond within a specific time frame. In general, a defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner. In most cases, personal injury claims are based on actual bodily harm. Physical injuries can be expensive, and your lawyer will work to ensure you are compensated for any existing medical bills and any anticipated future expenses. These include things like medication as well as home care and physical therapy. In addition, you can claim for any loss of quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This type of damages is referred to as pain and suffering. The court will set up a preliminary conference when the complaint has been filed. This will be used to schedule any required physical or oral examinations, as well as the production of any documents. Following the conference, your lawyer will prepare an Bill of Particulars. This is a thorough description of your injuries. It will include all your losses including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment and any other damages not monetary you are seeking. If the case is found to have probable cause the case will be scheduled for a public hearing. If your complaint is rejected due to a finding 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 a complaint to the court and sends the defendant a copy of the complaint via certified or registered post within a specified time. Grand Rapids must respond or risk default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It may include photographs of your injuries, medical bills and lost wages. The document also contains details regarding the accident and why you believe the defendant is responsible for the damage. In the middle of a lawsuit called “discovery,” each party is allowed to ask questions and look over evidence that is held by the other party. Your attorney will be important during this stage of negotiations since the defendant's representatives want full information before making settlement offers. Your lawyer can also request to have you examined by any doctor they choose in regard to the injuries and damages you're seeking. If you don't attend, the judge could dismiss your case or require that you pay the defendant for their examination costs. After discovery and inspection, attorneys on both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then decide an appointment date for the trial. During the trial the jury will decide if the defendant is at fault for the accident and injuries. If the defendant is liable and the jury awards you damages. If the defendant is not liable, the jury will reject your claim. Trial A personal injury case involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit can also be filed for non-physical injuries like discomfort and pain, as well as 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. Then, he will negotiate with the insurance company of the at-fault company. Your attorney will stay in touch with you about any significant developments and negotiations throughout the process. After negotiations have failed the lawyer will make a formal complaint to court against the defendant. A Complaint, the first official document filed in a civil suit, lists all parties, details the incident, and claims that there was wrongdoing. It also seeks compensation. The complaint must be served personally which means it must be delivered physically to the defendant. This usually takes around a month. After service is completed and the defendant is required to “answer” the Complaint within a specific time, which is usually 30 days. The answer explains whether the defendant acknowledges the allegations made in the Complaint or denies them. In this stage your lawyer will be able to submit 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 parties will engage in further negotiations. If the parties are not able to come to an agreement and mediation or arbitration might be required before your case can go to trial. A large portion of personal injury cases are settled outside of court. When a settlement is reached, your lawyer has to pay any companies that have liens on the monetary award out of a special escrow account before he or they can issue an official check.