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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these instances the defendant is usually the person responsible for the incident. The plaintiff is typically the party who is injured. Your lawyer will go through all of your medical records along with other documentation, to determine the totality and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury claim the judge gives them money to pay for damages. These funds may be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are expenses which can be listed and are measurable for example, 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 diary of how your injuries have affected your chances of obtaining maximum compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental stress, and how injuries affect your ability to take part in the activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is especially common when a business or an individual acts with the most blatant negligence, fraud and criminal intent. The court can also award punitive damage to deter other people from acting in the same way. When a lawsuit is filed, the defendants will receive a summons and complaint. They are then required to respond or answer within 30 days. Typically, defendants will contest the allegations made in the complaint. Once the answer is filed the case will move to the process of fact-finding, also known as discovery. The parties will share information and evidence during this phase, including taking depositions. This is the majority of the timeline for personal injuries. Statute of limitations If you file an injury lawsuit after the statute of limitations expires, you will likely lose the right to collect damages. That's why it's crucial to speak with a personal injury lawyer about your case early, even if you are not certain if the incident occurred before the deadline. A statute of limitations is a law of the state which sets a time frame on the time you can bring a lawsuit for injury. In the majority of states, a statute of limitations begins the date on which the accident or incident caused your injuries. The deadline to file a personal injury lawsuit also depends on the individual you are suing. For instance, if you are seeking to sue a municipal government agency (such as a county or city), the deadline is shorter. There are also certain situations that may change the time limit in your case. 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 ought to have realized that your injuries are the result of negligence. In some cases minors are not subject to the statute of limitation. If you file a claim for injury after the statute of limitation has expired Your defendant is likely to tell the court about this and ask to dismiss your claim. In this instance, the court will dismiss your claim in a hurry without hearing. That's why it is important to consult an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document filed by a party that asserts a cause of action and demands the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant must then respond within a certain time frame. The defendant is usually able to reject the claim. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner. In most cases, personal injury claims involve actual bodily injury. Your lawyer will ensure that you receive compensation for medical bills currently incurred as well as any future expenses. These expenses include medication, home care, and physical therapy. You can also claim any loss in your quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damages is referred to as suffering and pain. When a complaint is made, the court will convene a preliminary conference to set the date for the mandatory oral and physical examinations as well as any document production. Your lawyer will prepare the Bill of Particulars. It is a comprehensive account of your injuries. This will include the losses you have suffered including your current and future medical costs, lost wages and property damage. Your lawyer will also detail the possible emotional distress, disfigurement, loss of enjoyment of life and any other damages that 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 may appeal the decision. Summons The formal process of a lawsuit begins with a summons and complaint. The plaintiff file a complaint with the court and sends the defendant a copy of the complaint via registered or certified mail within a certain time frame. The defendant must respond, or else risk a default judgement against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries suffered by you in more specific detail. This may include photos of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is responsible for your injuries. 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. The defendant's representatives will want to have complete information before making settlement offers, therefore your attorney will play a crucial role in negotiations during this phase. Your lawyer can also ask to have you examined by a doctor they choose in relation to the damages or injuries you're seeking. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After a 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 ready for trial. The judge will then decide a trial date. During Gilbert injury lawsuits will decide whether the defendant is responsible for the accident and injuries. If the defendant is to blame and the jury awards you damages. If the defendant isn't liable then the jury will deny your claim. Trial Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit may also be filed for physical injuries such as discomfort and pain, as well as loss of companionship. In the beginning of your case the lawyer will investigate your accident to fully understand what occurred and the extent of your injuries. Then, he will negotiate with the at-fault party's insurance company. Your attorney will keep you informed and up to the minute on any negotiations or significant developments throughout this process. After negotiations have failed the lawyer will file a formal complaint in the court against the defendant. A Complaint, the first official document filed in a civil suit, identifies all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It usually takes about one month. Once service is complete and the defendant is required to “answer” the Complaint within a set date, which is usually 30 days. The answer will tell you if the defendant denies or admits the allegations in the Complaint. At this point your lawyer will submit documents, medical records and other evidence to back your argument. The lawyer for the defendant will provide an answer to these documents and the two sides will then engage in further discussions. If the parties cannot reach an agreement, then mediation or arbitration could be required prior to the trial can be held. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any company that have lien on your monetary award from a special money escrow before distributing an actual check.