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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. In these cases the defendant is typically the one who is at fault. The plaintiff is typically the victim. Your attorney will review your medical records and other documents to assess the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury case, the court awards the plaintiff a sum of money to cover damages. These funds may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are also known 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 like medical bills and lost earnings. General damages are difficult to quantify a dollar amount on, like pain and suffering and loss of enjoyment of life. Keep a journal to document how your injuries affected you. This increases your chances of receiving the most compensation for the non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete things you once took for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or individual is guilty of fraud, criminal intent, and gross negligence. The court can also award punitive damage to deter other people from doing the same thing. The defendants receive a summons along with a complaint after a lawsuit has been filed. They are then required to file a response which is also known as an answer, within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer has been filed, the case is moved to a stage of fact-finding known as discovery. This is where both parties will share relevant information and evidence, as well as taking depositions under oath. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is likely that you will lose your right to receive damages. It is essential to speak with an attorney in personal injury as soon as you can even if you're unsure certain if the incident occurred before the timeframe. A statute of limitations is a state law that sets a deadline on the amount of time you must file an injury lawsuit. In many states, a statute of limitations starts on the date on which the accident or incident led to your injuries. The time frame to file a lawsuit is dependent on the person you are suing. For instance, if are seeking to sue a municipal government agency (such as a county or city), the deadline is much shorter. There are certain circumstances which could change the statute of limitation in your case. If you were exposed to toxic substances or suffered from medical malpractice, for example, the statute of limitation may begin when you discover or ought to have known that your injuries are due to negligence. In some cases, the statute of limitations can be extended for minors. If you file an injury claim after the statute of limitations has expired the defendant will likely to inform the court and request the case to be dismissed. In this case the court will decide to dismiss your claim summarily without hearing. It is essential to contact an attorney for personal injuries immediately to discuss your case and determine if you can make a legal claim. Complaint A complaint is a formal legal document that is filed by a party that alleges a cause for action and seeks legal relief. The complaint should also define the type of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a certain time frame. A defendant will usually deny 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 caused by bodily injury. Your lawyer will ensure that you get paid for the medical bills you are currently paying as well as any future expenses. This includes things like medications or home care, as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is referred to as suffering and pain. The court will call a preliminary conference when the complaint is filed. The court will schedule any mandatory oral or physical examinations, and also the production of any documents. Following the conference your lawyer will draft an Bill of Particulars. It will provide a full description of your injuries. Somerville injury lawsuits will include all of your losses, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life and any other non-monetary damages that you are seeking. If the case is deemed to be 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 may appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff submits a complaint to the court and sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It 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, also known as “discovery,” each party gets to ask questions and inspect evidence that is held by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, so your attorney will play an important role in negotiations during this time. Your lawyer can also request that you are examined by a doctor they choose in connection with the injuries or damages you're claiming. If you fail to attend, the judge could dismiss your case, or demand that you pay the defendant for their examination costs. After the discovery and inspection, attorneys from both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then decide an appointment date for the trial. During the trial the jury will decide if the defendant is at fault for the accident and injuries. If the defendant is at fault and the jury awards you damages. If the defendant isn't accountable then the jury will dismiss your claim. Trial A personal injury claim involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit can also be filed for non-physical injuries, such as discomfort and pain and loss of companionship. Your lawyer will conduct a thorough investigation on the accident during the beginning stages of the investigation to determine the exact cause and the extent of your injuries. He or she will then discuss the matter with the insurance company of the party who is at fault. Your attorney will keep you informed and up to current on any negotiations and significant developments during this process. After negotiations don't work the lawyer will file a formal complaint in the court against defendant. A complaint, the first official document filed in civil lawsuits, names all parties, describes the incident, and claims that there was wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. It typically takes one month. After service is completed, the defendant must “answer” the Complaint within a specified date, which is usually 30 days. The answer will tell you if the defendant denies or admits the allegations made in the Complaint. In this phase, your lawyer may submit documents, medical records and other evidence to back your argument. The lawyer representing the defendant will respond to these documents and the two sides will start discussions. If the parties are unable to come to an agreement, mediation or arbitration may be required before a trial can take place. A large portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer has to pay any companies that have lien on the award out of a special escrow account before he or will issue you a check.