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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. These lawsuits typically involve a person who is at the fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through your medical records and other documentation to determine the extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury lawsuit, the courts award them money to cover their losses. The funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are costs which can be listed and quantifiable, such as medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of living, are more difficult to quantify. Keep a diary of how your injuries have affected you can help improve your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anguish, and how your injuries affect your ability to take part in activities that you used to take for taken for granted. In many personal injury cases, multiple defendants are at fault. This is most common when a person or business is guilty of criminal intent, fraud and gross negligence. Lynchburg injury lawyers may also give punitive damages to discourage others from acting in a similar way. The defendants are served with a summons along with a complaint once a lawsuit has been filed. The defendants will be required to provide a response (also called 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 a fact-finding stage known as discovery. The parties will share information and evidence during this phase, including taking depositions. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it's likely that you will lose the right to damages. It is essential to speak with an attorney in personal injury whenever you can even if you're not certain if the incident occurred within the deadline. A statute of limitations is a state law that sets a time limit on how long you must make an injury lawsuit. In many states, the statute of limitations begins at the time of the incident or accident that led to your injuries. The time frame for filing a lawsuit for injury also depends on who you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as city or county) the deadline will be much shorter. Additionally, there are certain situations that can change the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations could begin when you realize or ought to have known that your injuries are due to negligence. In some cases the statute of limitations can be tolled for minors. If you file an injury claim after the time limit has expired, the defendant will most likely point this out to the court and ask for the dismissal of your lawsuit. In this scenario, the court will dismiss your claim in a hurry without hearing. This is why it's crucial 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 plaintiff that alleges an action and demands legal relief. The complaint should also define the type of compensation that the plaintiff seeks. The defendant must then respond within a set timeframe. The defendant is usually able to deny the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner. Most personal injury claims can result in bodily injury. Your attorney will ensure that you get paid for your current medical bills and any future costs. This includes things like medications or home care, as well as physical therapy. You may also be able to claim any loss in quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as suffering and pain. The court will set up a preliminary conference when the complaint is filed. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. After the conference your lawyer will draft a Bill of Particulars. It is a comprehensive report of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical bills, lost earnings, and property damage. Your lawyer will also outline the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you're seeking. If the case is deemed to be a probable cause the case will be scheduled for an open hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff submits a complaint to the court and sends the defendant a copy via certified or registered post within a certain time frame. 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 could include photos of your injuries, medical bills and lost wages. It also contains details about the accident and what the defendant is responsible for the harm you suffered. In the middle of a lawsuit, also known as “discovery” in which each party is able to ask questions and look over evidence held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, so your attorney plays a significant role in negotiations during this phase. Your lawyer can also request to see you by a physician they select in connection with the damages or injuries 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 the discovery and inspection process is completed, attorneys on both sides may file something called a “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then decide a trial date. During the trial, a jury will determine if the defendant is responsible for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not responsible, the jury will deny your claim. Trial Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries such as the suffering of others and loss of companionship. In the initial stages of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your injuries. He or she will then negotiate with the insurance company of the party who is at fault. Your lawyer will stay in contact with you regarding any significant developments and will also negotiate throughout the process. After negotiations don't work, your lawyer will file an official complaint in the court against defendant. A Complaint is the first official document in a civil suit that identifies the parties, details the incident, alleges wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. It typically takes a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer explains whether the defendant admits to the allegations in the Complaint or denies them. At this point your lawyer will submit documents, medical records as well as other evidence to prove your case. The defendant's attorney will then respond to these documents and the two sides will start discussions. If the parties are not able to come to an agreement and mediation or arbitration might be required before your case goes to trial. A large portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer has to pay any companies that have lien on the money award out of a special account in escrow before he/ will issue you a check.