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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these instances the defendant is usually the one at fault. The plaintiff is usually the victim. Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins an injury lawsuit the courts award them money to cover their losses. These funds can be awarded in a lump sum or spread over a time period or as part of an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be listed, 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 diary to record how your injuries affected your life. This will increase your chance of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels as well as mental anxiety and your ability to perform things you used to take for granted. In a lot of personal injury cases, more than one defendants are accountable. This is especially true when a business or person acts with criminal intent, fraud or gross negligence. The court can also give punitive damages to discourage others from acting in a similar way. The defendants are served with a summons with a complaint after a lawsuit is filed. The defendants are required to provide a response (also known as an answering) within 30 days. Usually, defendants deny the allegations in the complaint. After the answer has been filed, the case is moved to a stage of fact-finding known as discovery. This is the time when both parties will exchange relevant information and evidence, including depositions under the oath. This stage accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is possible that you'll lose the right to damages. It is essential to speak with a personal injury attorney whenever you can, even if you're not certain if the incident occurred within the deadline. A statute of limitations is a state law which establishes a deadline for filing lawsuits. In most states the statute of limitations starts with the date of the accident or incident that caused your injuries. The deadline for filing a lawsuit for personal injury is dependent on the person you are suing. If you want to sue an entity that is a part of the municipal government (such as a county or city), the deadline will be shorter. In addition there are certain circumstances that can change the statute of limitations in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for example, the statute of limitation could begin when you realize or ought to have known that your injuries are the result of negligence. In certain cases the statute of limitations is tolled for minors. If you file an injury claim after the statute of limitations has expired the defendant will likely point this out to the court and request the case to be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a party that claims a cause of action and demands legal relief. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specified time frame. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond, a default judgment could be entered in the petitioner's favor. Personal injury claims are generally based on actual bodily harm. Your lawyer will ensure that you are compensated both for the medical bills you are currently paying and any future costs. These include things like medication, home care and physical therapy. In addition, you can claim compensation for any loss in quality of life caused by your injuries. This includes things like being unable to walk, sleep or drive normally. This type of damages is referred to as suffering and pain. The court will set up an initial conference once the complaint has been filed. This will be used to schedule any required physical or oral examinations, and also the production of any documents. After the conference your lawyer will draft a Bill of Particulars. It is a comprehensive description of your injuries. It will include all your losses which include the cost of your current and anticipated future medical bills, lost earnings and 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're seeking. If the case is deemed to be a probable cause your case will be scheduled for an open 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 may appeal the decision. Summons The formal lawsuit process starts with a summons and a complaint. The plaintiff submits a complaint to the court and sends the defendant a copy by certified or registered post within a specified time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the damages and injuries you've sustained more fully. This could include photos of your injuries, medical expenses and lost wages. The document will also contain information about the accident and how you believe the defendant is accountable for the injury. During the middle phase of a lawsuit, called “discovery” the parties is given the chance to ask questions and look over evidence held by the other party. The defendant's representatives will need to have all the facts before making settlement offers, therefore your attorney will play an important role in negotiations during this phase. Your lawyer can also ask to have you examined by the doctor of their choice in regard to the injuries and damages you're seeking. If you do not attend, the judge may dismiss your case or require that you pay the defendant their examination costs. After discovery and inspection, attorneys on both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then determine a trial date. During the trial, a jury will decide if the defendant is at fault for the accident and your injuries. If the defendant is liable, the jury will award you damages. If You Tube isn't accountable then the jury will dismiss your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. A lawsuit could also be filed for injuries that are not physical like pain and discomfort and loss of companionship. In the beginning of your case the lawyer will investigate your accident in order to fully comprehend what occurred and the extent of your damages. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will stay in touch with you on any significant developments and discussions throughout the entire process. If negotiations are unsuccessful the lawyer will file an official complaint in a court against the defendant. A Complaint is the initial official document in a civil suit that identifies the parties, describes the incident, alleges wrongdoing, and seeks compensation. The complaint must be personally served and must be handed over physically to the defendant. It typically takes a month. After service is completed, the defendant must “answer” the Complaint within a specific time, which is usually 30 days. The answer explains whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. During this time your lawyer may submit medical records, documents, and other evidence in support of your case. The defendant's lawyer will submit a response to these documents, and the two sides will continue to negotiate. If the parties are unable to come to an agreement, mediation or arbitration may be required prior to a trial can take place. However, a substantial portion of personal injury cases settle outside of court. After a settlement has been reached, your lawyer must pay any companies that have lien on the money settlement through a specific account for escrow before he or she will write you a check.