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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. These cases often involve a person who is at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will review all of your medical records, as well as other documents, to determine the totality and cost of your injuries and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury case, the courts award them funds to cover their losses. These funds can be awarded as lump sums or spread out over a period of time in an agreed settlement. These funds are also known as compensatory damages. There are two kinds: general and special. Special damages are those which can be listed and quantifiable like medical expenses and lost wages. General damages are difficult to place a dollar value on, like suffering and suffering, as well as loss of enjoyment of life. Keep a diary to record how your injuries affected your life. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, daily pain levels as well as mental anxiety and your ability to complete things you once took for granted. In a majority of personal injury cases, multiple defendants are responsible. This is most common when a business or individual is guilty of fraud, criminal intent or gross negligence. The court can also award punitive damages to discourage others from acting in the same way. The defendants will receive a summons with an accusation once a lawsuit has been filed. The defendants must provide a response (also called an answering) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will exchange information and evidence during this phase, including taking depositions. This stage accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you'll lose the right to damages. That's why it is important to speak with a personal injury lawyer about your case as early as possible, even if you are not certain if the incident occurred before the deadline. A statute of limitations is a law in a state that sets a time limit on the time you can file an injury lawsuit. In most states, a statute of limitations starts on the date on which the accident or incident caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you're seeking to sue. If you intend to sue an entity of municipal government (such as the city or county) the deadline will be shorter. There are certain circumstances which could change the statute of limitation in your particular case. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or ought to have known that your injuries are due to negligence. In certain instances, the statute of limitations can be extended for minors. If you file an injury claim after the time limit has expired the defendant will most likely to inform the court and ask for the dismissal of your lawsuit. In this scenario the court will decide to dismiss your claim summarily without hearing. This is why it's important to speak with a seasoned personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is an official legal document filed by a party who asserts a cause of action and seeks legal relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a specified time frame. In general the event of a denial, the defendant will deny the claim. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner. Most personal injury claims can result in bodily injury. Physical injuries can be costly, and your attorney will work to ensure you are compensated for any existing medical bills, as well as any future expenses you anticipate. These expenses include medications, home care, and physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is called suffering and pain. When a complaint is filed, the court will hold a preliminary meeting to set the date for mandatory physical and oral examinations as well as any document production. Your lawyer will then draft the Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including your future and current medical costs loss of wages, as well as property damage. Your lawyer will also describe the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you seek. If your case is found to have probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant by registered or certified mail within a specified timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photos of your injuries, medical bills, and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for your harm. In the middle of a lawsuit, also known as “discovery”, each party has the opportunity to ask questions and look over evidence presented by the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, so your attorney plays a significant role in negotiations during this time. Your lawyer may also request that you are examined by a doctor they select for the damages or injuries you're seeking. If you do not 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 & Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then determine an appointment date for the trial. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is at fault, the jury may award you damages. If the defendant is not accountable and the jury denies your claim. Trial A personal injury claim involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed for non-physical injuries like the suffering of others and loss of companionship. Your lawyer will conduct an investigation regarding your accident in the early stages of the case to determine the precise cause and the extent of your injuries. He or she will then negotiate with the insurance company of the party who is at fault. Your attorney will keep you up-to the minute on any negotiations or significant developments during this process. If negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file a formal complaint in the court against defendant. A Complaint, the first official document in a civil suit, lists all parties, describes the incident and lays out allegations of wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. This usually takes approximately 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 denies them. During this phase your lawyer may provide medical records, documents as well as other evidence in support of your case. Lexington injury lawsuits www.youtube.com representing the defendant will then respond to these documents, and then the two sides will start further negotiations. If the parties are not able to reach an agreement and mediation or arbitration might be required prior to your case goes to trial. However, a large percentage of personal injury cases settle out of court. When a settlement is reached, your lawyer must pay any companies with lien on the money settlement out of a separate escrow account before he or they can issue an official check.