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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. These cases often involve a person at fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through your medical records and other documentation to assess the full extent of your injuries, expenses 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 case, the judge awards the plaintiff money to pay damages. These funds may be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are costs which can be listed and quantifiable 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. Keeping a journal detailing the way your injuries have affected you your chance of winning the most money for damages that are not economic. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete activities you used to take for granted. In many personal injury cases, more than one defendants are at fault. This is most common when a person or business commits reckless negligence, fraud, and criminal motives. The court can also award punitive damages to deter others from committing the same manner. Once a lawsuit is filed, the defendants will receive a summons and complaint. The defendants are required to respond (also known as an answering) within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is when the parties exchange pertinent information and evidence, including taking depositions under oath. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline. Concord injury attorneys of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is possible that you will lose the right to damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case as early as possible even if not sure if the incident occurred before the deadline. A statute of limitations is a state law which establishes a deadline for filing lawsuits. In the majority of states, a statute of limitations begins the date of the incident or incident led to your injuries. The deadline to file a lawsuit for personal injury is dependent 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 significantly shorter. In addition there are certain circumstances which could change the statute of limitations in your case. If you have been exposed to toxic substances or were the victim of 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 some cases, minors are exempt from the statute of limitations. If you submit an injury claim after the statute of limitations has expired Your defendant is likely to inform the court about this and ask to dismiss your claim. If this happens, the court will summarily dismiss your claim without a hearing. This is why it's important to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is an official legal document that is filed by a person who alleges a cause for action and demands legal relief. The complaint should also state the type of relief the plaintiff is seeking. The defendant must then respond within a specified timeframe. A defendant is likely to reject the claim. If the defendant does not respond to the claim, a default judgment could be entered for the petitioner. Personal injury claims are usually founded on bodily injury. Your attorney will ensure that you receive compensation for the medical bills you are currently paying and any future expenses. These expenses include medication as well as home care and physical therapy. You can also claim for any loss in your quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is known as suffering and pain. When a complaint is filed and the court is notified, they will hold a preliminary meeting to plan obligatory oral and physical examinations, as well as any document production. Your lawyer will then prepare the Bill of Particulars. This is a detailed description of your injuries. This will include your losses including future and present medical expenses, lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment as well as any other non-monetary damages that you are seeking. If the case is found to have probable cause the case will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit process begins with a summons and complaint. The plaintiff file a complaint with the court and sends the defendant a copy via certified or registered post within a specified time. The defendant must respond, or else risk a default judgement against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries sustained by you in greater detail. This could include photos of your injuries, medical bills and lost wages. The document also includes information about the accident and how you think the defendant is responsible for the harm. In the middle of a lawsuit, called “discovery” in which each party has the opportunity to ask questions and examine evidence provided by the opposing party. Your attorney is crucial during this stage of negotiations as the representatives of the defendants want complete information prior to making settlement offers. Your lawyer may also request to have you examined by any doctor they choose regarding the injuries and damages you're claiming. 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 prepared for trial. The judge will then set the trial date. During the trial, a jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not liable, the jury will reject your claim. Trial A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit could also be filed for non-physical injuries like discomfort and pain, as well as loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what occurred and the extent of your losses. Then, he or she will work with the at-fault party's insurance company. Your attorney will keep in touch with you about any significant developments and negotiations throughout the entire process. After negotiations fail, your lawyer will file a formal complaint in court against defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, describes the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. It usually takes about approximately a month. After service has been completed and the defendant is required to “answer” the Complaint within a specific date, which is usually 30 days. The answer explains whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. During this phase, your lawyer can submit documents, medical records as well as other evidence in support of your case. The attorney representing the defendant will then respond to these documents, and then the two sides will start further negotiations. If the parties cannot reach an agreement, then mediation or arbitration may be required before the trial can be held. However, a substantial portion of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any companies with liens on the monetary settlement through a specific escrow account before he or she will write you a check.