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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these instances, the defendant is usually the person at fault. The plaintiff is typically the injured party. Your attorney will review all of your medical records and other documentation, in order to determine the totality and cost of your injuries and damage. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit, the judge gives the plaintiff money to pay damages. The funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types: general and special. Special damages are the ones that can be quantified that can be itemized, such as medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment of living, are more difficult to quantify. Keep a journal to document how your injuries impacted you. This increases your chances of receiving maximum compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels and bouts of mental anxiety, and how your injuries impact your ability to take part in activities you once took for taken for granted. In a lot of personal injury cases, multiple defendants are at fault. This is the most frequent scenario when a business or person commits criminal intent, fraud and gross negligence. Hampton injury attorneys can also award punitive damages to deter others from committing the same way. When a lawsuit is filed and the defendants are served with a summons and complaint. They are then required to respond 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 enters the phase of fact-finding, also known as discovery. This is when both parties will share relevant information and evidence, as well as depositions under oath. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired, you will likely lose the right to collect damages. It is important to consult a personal injury attorney as soon as possible even if you're not certain if the incident occurred before the timeframe. A statute of limitations is a state law which sets a time frame on how long you must make an injury lawsuit. In most states the statute of limitations starts on the date that the accident or incident caused your injuries. The time frame to file a lawsuit also depends on the party you are suing. If you are suing an entity that is a part of the municipal government (such as city or county) the deadline will be shorter. There are also certain situations that could alter the time limit in your situation. For instance, if were exposed to toxic substances or suffered medical malpractice the time limit may begin when you discover, or reasonably should have realized that your injuries were the result of negligence. In some cases the statute of limitations is extended for minors. If you file a personal injury claim after the statute of limitations has expired the defendant will most likely to inform the court and ask for the case to be dismissed. In this case, the court will dismiss your claim in a hurry 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 if you have a viable legal claim. Complaint A complaint is a legal document filed by a plaintiff that asserts an action, and a demand for judicial relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant must then respond within a specific time frame. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor. In the majority of cases, personal injury claims are based on actual bodily injury. Your attorney will make sure that you receive compensation for medical bills currently incurred and any future costs. This includes things like medications, home care and physical therapy. In addition, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as suffering and pain. The court will call the preliminary conference after a complaint has been filed. The court will schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses which include the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other damages that are not monetary that you are seeking. If the case is determined to be a probable cause the case will be scheduled for a public hearing. If the complaint is dismissed as a result of a decision 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 submits a complaint to the court and then sends the defendant a copy of the complaint via registered or certified mail within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries sustained by you in greater depth. It could include photos of your injuries, medical bills, and lost wages. The document will also contain information about the incident and how you think the defendant is responsible for the injury. During the middle phase of a lawsuit, also known as “discovery” in which each party has the opportunity to ask questions and examine evidence held by the opposing party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney will play a crucial role in negotiations during this time. Your lawyer may also request to see you by a doctor they select in relation to the injuries or damages you're seeking. If you do not attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's 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 set a trial date. During the trial, the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is accountable, the jury will award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit could also be filed for injuries that are not physical like discomfort and pain, as well as loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what happened and the magnitude of your damages. He or she will then negotiate with the insurance company of the party who is at the fault. Your attorney will stay in touch with you about any significant developments and negotiations throughout the process. Once negotiations have failed, your lawyer will submit a formal complaint to court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, details the incident, claims that there was wrongdoing, and seeks compensation. The complaint must be served personally, which means that it must be delivered physically to the defendant. This usually takes around one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer is whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. At this point, your lawyer may submit medical records, documents as well as other evidence to prove your argument. The lawyer representing the defendant will submit a response to these documents and the two parties will continue to negotiate. If the parties are unable to come to an agreement and mediation or arbitration might be required before your case can go to trial. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any companies with liens on your monetary award from a special account before distributing the check.