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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. These cases often involve a person who is at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury lawsuit the judge gives the plaintiff money to pay damages. The funds may be awarded in an amount in one lump sum or spread over a period of time or as part of an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be listed like medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment, are more difficult to quantify. Writing down how your injuries have affected the odds of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to perform activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is particularly true when a business or an individual commits reckless negligence, fraud, and criminal intention. The court may also award punitive damages to discourage others from engaging in the same manner. The defendants will receive a summons along with a complaint once a lawsuit is filed. The defendants must submit a response (also called an answer) within 30 days. Typically, defendants not deny the allegations contained in the complaint. Once the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will share information and evidence in this stage, including taking depositions. This stage takes up the majority of a personal injury timeline. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is likely that you'll lose your right to receive damages. It is essential 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 that provides a time frame for filing a lawsuit. In the majority of states the statute of limitations runs at the time of the incident or accident that caused your injuries. The deadline to file a lawsuit for personal injury also varies depending on the individual you are seeking to sue. For instance, if want to sue a municipal government entity (such as a city or county), the deadline is much shorter. Additionally there are certain circumstances that can change the statute of limitations in your situation. For example, if you were exposed to harmful substances or a victim of medical malpractice, the statute of limitations may start when you realize or ought to have discovered, that your injuries were the result of negligence. In Missouri City injury lawsuits are exempt from the statute of limitation. If you file a claim for injury after the statute of limitation has expired, your defendant will likely tell the court about this and request that your lawsuit be dismissed. If this occurs, the court could dismiss your claim in a sweeping manner without a hearing. This is why it's important to speak with a seasoned personal injury lawyer early 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 the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specified time frame. In general, a defendant will not respond to the claim. If the defendant fails to respond, default judgment can be granted to the petitioner's behalf. Personal injury claims are generally caused by bodily injury. Physical injuries can be expensive, and your attorney will ensure that you get paid for any existing medical bills, as well as any future costs that are anticipated. This includes things like medications, home care and physical therapy. You can also claim any loss in quality of life resulted from your injury. This includes things such as the inability to walk, sleep or drive normally. This kind of injury is referred to as suffering and pain. If a complaint is filed, the court will convene a preliminary conference to plan obligatory oral and physical examinations as well as any document production. Your lawyer will then draft an 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 also detail the alleged emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you seek. If the case is found to have probable cause your case will be scheduled for public hearing. If the complaint is dismissed as a result of a determination that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff files a complaint with the court and sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant has to respond, or else risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which describes the damages and injuries you've suffered more fully. This may include photos of your injuries, medical bills and lost wages. The document also contains details about the incident and how you believe the defendant is accountable for the harm. During the middle part of a lawsuit called “discovery,” each party has the opportunity to ask questions and examine evidence held by the other party. The defendant's representatives will want to have all the facts before making settlement offers, and your attorney plays a significant role in negotiations during this time. Your lawyer can also request to have you examined by a physician they select in connection with the injuries or damages you're seeking. If you fail to attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs. After the 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 ready for trial. The judge will then decide on a trial. During the trial, a jury will determine if the defendant is at fault for the accident and injuries. If the defendant is responsible, the jury may award you damages. If the defendant is not accountable and the jury decides to deny your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like pain and suffering and loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of the accident to determine what happened and the magnitude of your damages. He or she will then engage with the insurance company of the party who is at fault. Your attorney will stay in contact with you regarding any significant developments and negotiations throughout the process. After negotiations fail the lawyer will file an official complaint in the court against defendant. A complaint is the first official document in a civil lawsuit. It names the parties, explains the incident, claims that there was wrongdoing, and 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 a month. After service has been completed the defendant has to “answer” the Complaint within a set time frame, which is typically 30 days. The answer will reveal whether the defendant denies or admits the allegations in the Complaint. At this point, your lawyer may provide medical records, documents and other evidence to back your argument. The lawyer representing the defendant will then respond to these documents and then the two sides will begin further negotiations. If the parties are unable to reach a settlement the mediation or arbitration process could be required prior to your case is put to trial. A significant number of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any companies with lien on the settlement through a specific account in escrow before he/ she will write you an official check.