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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for losses or injuries. These lawsuits typically involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will examine your medical records and other documents to understand the full extent of your injuries, costs and damages. This will help them prepare and negotiate with the insurance company for you. Damages If a plaintiff is successful in an injury lawsuit the courts award them money to pay for their damages. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are expenses that can be itemized and quantifiable, such as medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment are more difficult to quantify. Keep a journal in which you can record how your injuries impacted your life. This increases your chances of receiving maximum compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels, mental anguish and your ability to do things you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is most common when a business or person acts with fraud, criminal intent, and gross negligence. The court can also award punitive damage to discourage others from doing the same thing. The defendants are served with an order with an accusation once the lawsuit has been filed. The defendants will be required to submit a response (also called an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. Both parties will exchange information and evidence in this stage including depositions. This is the majority of a personal injury timeline. Statute of limitations If you make a claim for injury after the statute of limitations expires, it's likely that you'll lose the right to damages. That's why it's crucial to speak with a personal injury lawyer about your case as early as possible even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a law of the state which sets a time frame on how long you have to file an injury lawsuit. In most states the statute of limitations begins on the date of the incident or incident caused your injuries. The deadline for filing a lawsuit for personal injury also depends 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 shorter. Additionally, there are certain situations that could alter the statute of limitations in your particular case. If you have been exposed to toxic substances or suffered from medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably ought to have realized that your injuries are the result of negligence. In certain instances the statute of limitations may be tolled for minors. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and request your lawsuit to be dismissed. In this scenario the court will dismiss your claim in a hurry without hearing. It is important to consult an attorney for personal injuries immediately to discuss your case and determine if you have a legal claim. Complaint A complaint is a formal legal document that is filed by a person who claims a cause of action and seeks legal relief. The complaint should also define the kind of compensation the plaintiff seeks. The defendant is then required to respond within a specified timeframe. In general the event of a denial, the defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be entered for the petitioner. In most cases, personal injury claims are based on actual bodily injury. Physical injuries can be costly, and your attorney will ensure that you get paid for any existing medical bills, as well as any anticipated future expenses. This includes things like medications, home care and physical therapy. You can also 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 damage is known as pain and suffering. The court will set up a preliminary conference when a complaint has been filed. This will be used to schedule any required oral or physical examinations, and also the production of any documents. After the conference, your lawyer will prepare a Bill of Particulars. St. Petersburg injury attorneys is a detailed description of your injuries. This will include the losses you have suffered including your future and current medical costs loss of wages, as well as property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment and 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 a public hearing. If your complaint is dismissed because of a determination of no probable reason 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 file the complaint with the court and then sends a copy of the document to the defendant through registered or certified mail within a specific time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the damages and injuries you've suffered in greater detail. This could include photos of your injuries, medical expenses and lost wages. The document also contains details about the incident and how you believe the defendant is accountable for the harm. In the middle of a lawsuit called “discovery,” each party has the opportunity to ask questions and inspect the evidence of the other party. Your lawyer will be crucial in this stage of negotiations because the defendant's representatives want full information before making settlement offers. Your lawyer can also ask that you are examined by a doctor they select for the damages or injuries you're claiming. If you fail to attend, the court could dismiss your case. Or, they may require that you 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 prepared for trial. The judge will then decide an appointment date for the trial. During the trial the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is at fault and the jury awards you damages. If the defendant is not accountable and the jury denies your claim. Trial A personal injury case involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed to address non-physical injuries like suffering and pain, as well as loss of companionship. Your lawyer will conduct an investigation regarding your accident in the initial stages of the investigation to determine the exact nature and severity of your injuries. The lawyer will then negotiate with the insurance company of the party who is at the fault. Your attorney will keep in touch with you on any significant developments and discussions throughout the entire process. After negotiations have failed, your lawyer will make a formal complaint to the court against the defendant. A Complaint, which is the first official document filed in civil lawsuits, names all parties, outlines 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 him or her. It usually takes about a month. Once service is complete the defendant has to “answer” the Complaint within a specified time, which is usually 30 days. The answer will reveal whether the defendant denies or acknowledges the allegations made in the Complaint. At this point your lawyer could submit medical records, documents and other evidence to support your case. The lawyer representing the defendant will submit a response to these documents, and the two sides will continue to negotiate. If the parties cannot reach an agreement, mediation or arbitration could be required prior to trial can begin. A large portion of personal injury cases are settled outside of court. When a settlement is reached, your lawyer must pay any companies that have liens on the monetary settlement through a specific account for escrow before he or will issue you a check.