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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. The cases typically involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will review all of your medical records along with other documentation, to determine the full extent and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury lawsuit the courts award them money to pay for their damages. The funds may be awarded in lump sums or spread out over a period of time, as part if the settlement is structured. These funds are known as compensatory damages. There are two kinds: special and general. Special damages are those that can be quantified that can be itemized, such as medical bills and lost earnings. General damages are difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment. Keeping a journal detailing how your injuries have affected your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, pain levels throughout the day as well as mental anxiety and your ability to perform things you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or person commits criminal intent, fraud or gross negligence. The court can also award punitive damages to deter other people from doing the same thing. The defendants are served with an order with a complaint after a lawsuit has been filed. They will then be required to file a response or answer, within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer is filed the case will move to a fact-finding stage known as discovery. This is when both parties will exchange relevant information and evidence, as well as taking depositions under oath. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit for injury after the statute of limitation expires, it is likely that you will lose your right to receive damages. It is crucial to speak with an attorney in personal injury whenever you can even if you're not sure whether the accident occurred before the deadline. A statute of limitations is a law in a state which sets a time frame on the amount of time you must file an injury lawsuit. In most states the statute of limitations begins at the time of the accident or incident which caused your injuries. The time frame for filing an injury lawsuit also depends on who you are suing. If you want to sue an entity of municipal government (such as a county or city) the deadline will be shorter. There are other situations which could change the time limit in your situation. If you have been exposed to toxic substances or suffered from medical malpractice, for example, the statute of limitation can begin when you discover or reasonably should have known that your injuries are due to negligence. In certain cases, the statute of limitations is extended for minors. If you file a personal injury claim after the time limit has expired the defendant will most likely point this out to the court and request your lawsuit to be dismissed. In this scenario the court will dismiss your claim in a hurry without hearing. It is important to consult an attorney for personal injuries immediately to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is an official legal document that is filed by a party that alleges a cause for action and seeks the judicial remedy. The complaint should also state the type of compensation that the plaintiff seeks. The defendant must then respond within a specified time frame. In general the event of a denial, the defendant will deny the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf. Most personal injury claims involve actual bodily harm. Your attorney will make sure that you are compensated both for the medical bills you are currently paying and any future expenses. These costs include medical expenses as well as home care and physical therapy. You may also be able to claim any loss in your quality of life that is resulted from your injury. This includes things like the inability to walk, sleep or drive normally. This kind of damage is known as suffering and pain. When a complaint is filed, the court will hold a preliminary conference to plan obligatory oral and physical examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a thorough description of your injuries. This will include the losses you have suffered including your future and current medical expenses as well as 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're seeking. If the case is deemed to have probable cause, your case will be scheduled for public hearing. If the complaint is dismissed as a result of a decision that there is no probable cause, or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with the issue of a summons. 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. 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 damages and injuries sustained by you in greater depth. This may include photos of your injuries, medical expenses and lost wages. It may also include details of the accident and what the defendant is responsible for your injuries. In the middle of a lawsuit, also known as “discovery” in which each party is given the chance to ask questions and look over evidence provided by the opposing party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney will play a crucial role in negotiations during this phase. Your lawyer can also request that you undergo an examination by a doctor of their choosing regarding the injuries and damages you're claiming. If you do not show up, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs. After discovery and inspection, attorneys from 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 determine a trial date. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you suffered. If the defendant is accountable and the jury awards you damages. If the defendant is not accountable and the jury denies your claim. Trial A personal injury lawsuit can result in a variety of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. A lawsuit may also be filed for injuries that are not physical like discomfort and pain and loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the initial stages of the investigation to determine the exact nature and severity of your injuries. The lawyer will then engage with the insurance company of the party at fault. Your attorney will keep in touch with you about any significant developments and will also negotiate throughout the entire process. After negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. Iowa City is the initial official document in a civil lawsuit that identifies the parties, describes the incident, alleges wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. This typically takes about a month. After service is completed, the defendant must “answer” the Complaint within a specified time frame, which is typically 30 days. The answer explains whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. During this time, your lawyer can provide medical records, documents as well as other evidence in support of your case. The attorney representing the defendant will respond to these documents, and then the two sides will begin negotiations. If the parties cannot reach an agreement, then mediation or arbitration may be required before trial can begin. A large portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer has to pay any businesses that have lien on the settlement out of a separate account for escrow before he or she will write you an official check.