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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These cases often involve a party who is at fault (defendant) and an injured party known as the plaintiff. Your attorney will review all of your medical records, as well as other documentation, in order to determine the totality and cost of your injuries and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case, the judge will award the plaintiff money to pay damages. These funds can be awarded in lump sums or spread out over a time period in a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are measurable costs that can be itemized like medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment of living are more difficult to quantify. Writing down how your injuries have affected you can help improve the odds of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anguish and how your injuries affect your ability to engage in activities you once took for taken for granted. In many personal injury lawsuits there are multiple defendants. This is especially common when an individual or business acts with gross negligence, fraud, and criminal intention. The court may also award punitive damage to discourage others from doing the same thing. The defendants are served with an order with an accusation once a lawsuit has been filed. They are then required to submit a response, also known as an answer, within 30 days. Typically, 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. This is the time when both parties will exchange relevant information and evidence, including taking depositions under oath. This is the stage that accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it is likely that you'll lose the right to damages. This is why it's important to consult an attorney who specializes in personal injury to discuss your case as early as possible even if you're not sure if the accident occurred within the timeframe. A statute of limitations is a law in a state that provides a time frame for filing a lawsuit. In the majority of states the statute of limitations begins the date on which the accident or incident caused your injuries. The deadline to file a personal injury lawsuit is dependent on the individual you are suing. For instance, if want to sue a municipal government entity (such as a county or city), the deadline is much shorter. There are also certain situations that may change the statute of limitation in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations can begin when you discover or reasonably should have known that your injuries are due to negligence. In certain instances, minors are exempt from the statute of limitations. If you make an injury claim after the statute of limitation has expired Your defendant is likely to tell the court about this and ask that your case be dismissed. In this scenario the court will decide to dismiss your claim summarily without a hearing. It is essential to contact a personal injury lawyer as soon as possible to discuss your situation and determine if you can make a legal claim. Complaint A complaint is a legal formal document filed by a person who alleges a cause of action and demands legal relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. A defendant will usually deny the claim. If the defendant fails to respond to the claim, a default judgement may be granted for the petitioner. Personal injury claims are typically based on actual bodily harm. Physical injuries can be extremely expensive, and your attorney will work to ensure that you receive compensation for any current medical bills, as well as any anticipated future expenses. These include things like medication as well as home care and physical therapy. You may also be able to claim any loss in quality of life that is resulted from your injury. This includes things like the inability to walk, sleep or drive normally. This type of damages is known as pain and suffering. The court will set up the preliminary conference after a complaint has been filed. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. This will include your losses including your future and current medical expenses, lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in your life and any other damages not monetary you are seeking. If your case is found to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy by certified or registered post within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in more depth. It may include photographs of your injuries, medical bills, and lost wages. It may also include details of the accident and how the defendant is accountable for your harm. In the middle of a lawsuit, called “discovery” in which each party is able to ask questions and examine evidence presented by the other party. Your lawyer will be crucial in this phase of negotiations as the defendant's representatives want complete information before they make settlement offers. Your lawyer may also request to see you by a doctor they choose for the damages or injuries you're claiming. If you fail to take part, the judge may dismiss your case or require that you pay the defendant their examination costs. After the discovery and inspection, attorneys from both sides can 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 decide the trial date. During the trial the jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is liable, the jury will award you damages. If the defendant is not accountable and the jury denies your claim. Trial A personal injury lawsuit encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries such as suffering and pain, as well as loss of companionship. In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend what occurred and the extent of your losses. He or she will then negotiate with the insurance company of the party at the fault. Your lawyer will keep you informed and up to current on any negotiations and important developments throughout the process. Once negotiations have failed the lawyer will submit a formal complaint to court against the defendant. Jacksonville injury attorneys , the first official document of a civil suit, identifies all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. This usually takes a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. At this point, your lawyer may submit documents, medical records and other evidence to support your argument. The attorney representing the defendant will then reply to these documents and the two sides will begin further negotiations. If the parties are unable to reach an agreement, then mediation or arbitration may be required prior to trial can begin. However, a significant percentage of personal injury cases settle outside of court. Once a settlement is reached, your lawyer has to pay any companies with lien on the settlement out of a separate escrow account before he or will issue you an official check.