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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. The cases typically involve a person who is at fault (defendant) and an injured party known as the plaintiff. Your attorney will review 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 with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury claim, the judge gives the plaintiff a sum of money to cover damages. The funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are the ones that can be quantified that can be categorized, such as medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of life, are more difficult to quantify. Keep a journal to document the way your injuries affected your life. This will increase your chance of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, mental anguish and your ability to complete activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is the most frequent scenario when a business or individual commits fraud, criminal intent or gross negligence. The court may also make punitive damages in order to discourage others from committing the same way. When a lawsuit is filed the defendants will be served with a summons and complaint. They are then required to file a response which is also known as an answer within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. Once the answer is filed, the case will enter an investigation stage, known as discovery. This is the time when both parties will exchange relevant information and evidence, which includes depositions under an oath. This is the majority of the timeline for personal injuries. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it's likely that you'll lose the right to damages. That's why it's crucial to consult an attorney for personal injury about your case early, even if you are not sure if the incident occurred before the deadline. A statute of limitation is a law in a state that provides a time frame for filing lawsuits. In most states, a statute of limitations begins on the date on which the accident or incident caused your injuries. Fort Wayne injury lawyer for filing a lawsuit for injury also depends on the party you are suing. For example, if you want to sue a municipal government entity (such as a county or city), the deadline is much shorter. There are also certain situations that could alter the statute of limitations in your situation. For instance, if were exposed to harmful substances or suffered medical negligence The time limit may begin when you discover, or reasonably should have realized that your injuries were caused by negligence. In some cases minors are exempt from the statute of limitations. If you file a personal injury claim after the time limit has expired, the defendant will most likely inform the court and ask for your lawsuit to be dismissed. In this scenario the court will decide to dismiss your claim in a hurry without a hearing. It is crucial to speak with a personal injury lawyer as soon as possible to discuss your case and determine if you can make a legal claim. Complaint A complaint is a formal legal document filed by a plaintiff which declares an action and demands the judicial remedy. The complaint should also define the kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a certain time frame. In general the case, a defendant will not respond to the claim. If the defendant fails to respond, a default judgment could be entered in the petitioner's favor. In most cases, personal injury claims involve actual bodily injury. Your lawyer will ensure that you get paid for the medical bills you are currently paying and any future costs. These costs include medical expenses, home care, and physical therapy. You can also claim for any loss in quality of life resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of damage is known as suffering and pain. The court will schedule a preliminary conference when a complaint has been filed. This will be used to schedule any required physical or oral examinations, and also the production of any documents. Your lawyer will then draft the Bill of Particulars. This is a thorough account of your injuries. This will include the losses you have suffered including future and present medical costs loss of wages, as well as property damage. Your lawyer will also outline the grievous emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you are seeking. If your case is determined to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result 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 starts with a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant through registered or certified mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in more depth. It could 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 injury. During the middle phase of a lawsuit, also known as “discovery” the parties is given the chance to ask questions and examine evidence held by the opposing party. The representatives of the defendant will want to have complete information before making settlement offers, therefore your attorney will play an important role in negotiations during this phase. Your lawyer can also request to see you by a doctor they choose in relation to the damages or injuries you're seeking. If you do not take part, the judge may dismiss your case, or demand that you pay the defendant for their examination costs. Once discovery and inspection are completed, lawyers on both sides may submit a document referred to as the “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide the trial date. During the trial, a jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't liable and the jury decides to deny your claim. Trial A personal injury case can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as the suffering of others and loss of companionship. Your lawyer will conduct an investigation regarding your accident in the beginning stages of the case to determine the precise cause and the extent of your injuries. He or she will then negotiate with the insurance company of the party who is at the fault. Your attorney will keep in touch with you about any significant developments and will also negotiate throughout the process. Once negotiations have failed, your lawyer will submit a formal complaint to court against the defendant. A complaint, the first official document filed in civil lawsuits, names all parties, outlines the incident and lays out allegations of wrongdoing. It also seeks compensation. The complaint must be served personally and must be delivered physically to the defendant. This usually takes around a month. Once service is complete the defendant has to “answer” the Complaint within a specific time, which is usually 30 days. The answer will tell you if the defendant acknowledges the allegations made in the Complaint or denies them. During this phase, your lawyer can provide medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents, and the two sides will engage in further negotiations. If the parties are not able to reach an agreement, mediation or arbitration may be required prior to your case can go to trial. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any company with liens on your monetary award through a specialized money escrow before distributing a check.