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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. The cases typically involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review your medical records along with other documents, to determine the totality and cost of your injuries and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins a personal injury lawsuit, the courts award them money to cover their losses. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are the ones that can be quantified that can be itemized for medical expenses and lost earnings. General damages are more difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment of life. Keep a diary of how your injuries have affected you can help improve the odds of obtaining the most money for damages that are not economic. These include the effects on your relationships, your daily pain levels and bouts of mental stress and how injuries affect your ability to take part in activities that you used to take for taken for granted. In a majority of personal injury cases, multiple defendants are at fault. This is particularly true when a business or an individual acts with reckless negligence, fraud, and criminal motives. The court may also make punitive damages in order to discourage others from acting in a similar manner. After a lawsuit has been filed and the defendants are served with a summons and complaint. The defendants must submit a response (also called an answer) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed, the case is moved to an investigation known as discovery. Both parties will exchange information and evidence in this stage including depositions. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you make a claim for injury after the statute of limitation expires, it is possible that you will lose the right to damages. That's why it is important to consult an attorney who specializes in personal injury to discuss your case early on even if not sure if the accident occurred within the timeframe. A statute of limitations is a state law which sets a time frame on how long you can file an injury lawsuit. In most states the statute of limitations runs at the time of the accident or incident which caused your injuries. The time limit to file a lawsuit also depends on who you are suing. If you want to sue an entity that is a part of the municipal government (such as the city or county) the deadline is shorter. Additionally, there are certain situations that can change the statute of limitations in your particular case. For example, if you were exposed to harmful substances or suffered medical negligence, the statute of limitations may start when you discover, or reasonably should have discovered, that your injuries were the result of negligence. In some cases, the statute of limitations may be extended for minors. If you file a personal injury claim after the time limit has expired, the defendant will most likely inform the court and request the dismissal of your lawsuit. In this case the court will decide to dismiss your claim without a hearing. That's why it is important to talk with 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 legal document filed by a plaintiff that alleges an actionable cause, and a demand for the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a certain timeframe. In general the case, a defendant will not respond to the claim. If the defendant does not respond, a default judgment could be entered in the petitioner's favor. Personal injury claims are generally based on actual bodily harm. Your attorney will ensure that you get paid for your current medical bills as well as any future expenses. This includes things like medications, home care and physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes things such as the inability to walk, drive, or sleep normally. This kind of injury is known as pain and suffering. The court will call an initial conference once the complaint is filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then draft the Bill of Particulars. It is a thorough description of your injuries. It will include your losses including your future and current medical costs loss of wages, as well as property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in life, as well as any other non-monetary damages that you seek. If the case is found to have probable cause your case will be scheduled for a public hearing. If the complaint is dismissed because of a ruling 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 begins with a summons. The plaintiff files the complaint with a court and sends a copy of the document to the defendant through registered or certified mail within a specific time frame. The defendant has to respond, or else risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in more detail. It may include photographs of your injuries, medical bills and lost wages. It also contains details about the accident and what the defendant is responsible for your harm. During the middle part of a lawsuit referred to as “discovery,” each party is allowed to ask questions and examine evidence that is held by the other party. Your lawyer will be crucial during this stage of negotiations because the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer may also request to have you examined by a physician they select in relation to the damages or injuries you're seeking. If you don't take part, the judge may dismiss your case, or demand that you pay the defendant their examination costs. After discovery and inspection have been completed, the lawyers on both sides may file a document known as an “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then decide an appointment date for the trial. During the trial, the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is responsible and the jury awards you damages. If the defendant is not responsible, the jury will deny your claim. Trial A personal injury case can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit may also be filed for physical injuries, such as discomfort and pain and loss of companionship. Des Moines injury lawsuit will conduct an investigation on your accident in the initial stages of the investigation to determine the exact nature and severity of your injuries. Then, he will work with the insurance company of the at-fault company. Your attorney will stay in contact with you regarding any significant developments and negotiations throughout the entire process. After negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, argues for wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. It typically takes one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this phase your lawyer could submit documents, medical records as well as other evidence to prove your argument. The defendant's lawyer will submit an answer to these documents and the two parties will engage in further negotiations. If the parties cannot come to an agreement, mediation or arbitration could be required prior to the trial can be held. A significant portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the award out of a special account in escrow before he/ she will write you an official check.