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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these instances the defendant is usually the one at fault. The plaintiff is usually the injured party. Your lawyer will review your medical records and other documentation, to determine the totality and cost of your injuries and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury lawsuit the courts award them funds to cover their losses. These funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to 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 listed, such as medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of living, are more difficult to quantify. Keeping a journal detailing how your injuries have affected the odds of obtaining the most money for damages that are not economic. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to perform activities you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or person is guilty of criminal intent, fraud or gross negligence. The court may also award punitive damages to deter others from acting in a similar manner. After a lawsuit has been filed and the defendants are served with a summons and complaint. The defendants must provide a response (also called an answer) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer has been filed, the case enters a stage of fact-finding known as discovery. This is when both parties will exchange relevant information and evidence, as well as taking depositions under oath. This is where you will find the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired you could lose your right to recover damages. This is why it's important to consult an attorney for personal injury about your case early even if you're not certain if the incident occurred within the timeframe. A statute of limitation is a law of the state that sets a deadline for filing a lawsuit. In the majority of states, the statute of limitations begins at the time of the incident or accident which caused your injuries. The deadline for filing an injury lawsuit also depends on the party you are suing. If you are suing an entity of municipal government (such as a county or city) the deadline will be much shorter. Additionally, there are certain situations that can change the statute of limitations in your particular case. For instance, if were exposed to toxic substances or suffered medical malpractice, the statute of limitations could begin when you discover or should have realized, that your injuries were caused by negligence. In some cases the statute of limitations can be extended for minors. If you make an injury claim after the statute of limitations has expired Your defendant is likely to inform the court about this and request to dismiss your claim. In this case the court will decide to dismiss your claim in a hurry without a hearing. This is why it's crucial to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine if you have a viable legal claim. Complaint A complaint is an official legal document filed by a person who claims a cause of action and seeks legal relief. The complaint should also define the type of compensation that the plaintiff seeks. The defendant must then respond within a specific timeframe. Passaic injury lawsuit is likely to decline to respond. If the defendant does not respond to the claim, a default judgment could be granted in favor of the petitioner. Personal injury claims are usually based on actual bodily harm. Your attorney will make sure that you receive compensation for the medical bills you are currently paying and any future costs. These expenses include medication, home care, and physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes things like the inability to walk, sleep or drive normally. This type of damages is known as suffering and pain. When a complaint is filed when a complaint is filed, the court will hold a preliminary meeting to set the date for obligatory oral and physical examinations as well as any document production. Your lawyer will then prepare a Bill of Particulars. It will provide a full description of your injuries. This will include your losses including your future and current medical costs loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in your life, as well as any other damages that are not monetary that you are seeking. If your case is deemed to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff file a complaint with the court and sends the defendant a copy of the complaint via registered or certified mail within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills, and lost wages. It also contains details about the incident and the manner in which the defendant is accountable for your injuries. In the middle of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and inspect evidence held by the other party. Your lawyer will be crucial in this stage of negotiations because the representatives of the defendants want complete information before they make settlement offers. Your lawyer can also ask to have you examined by a physician they select in connection with the damages or injuries you're claiming. If you fail to attend, the judge could dismiss your case, or demand that you pay the defendant the cost of their examination. After the discovery and inspection process is completed, attorneys on each side can file a document known 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 determine a trial date. During the trial the jury will decide if the defendant was accountable for the accident and the injuries you suffered. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't liable and the jury decides to deny your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) and physical injury from accidents like 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 research on your accident in the early stages of the investigation to determine the exact cause and the extent of your injuries. He or she will then negotiate with the insurance company of the party who is at fault. Your attorney will stay in contact with you regarding any significant developments and discussions throughout the entire process. After negotiations don't work the lawyer will file an official complaint in the court against defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, claims that there was wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. This usually takes approximately a month. After service is completed the defendant has to “answer” the Complaint within a set date, which is usually 30 days. The answer will explain whether the defendant denies or accepts the allegations contained in the Complaint. During this phase, your lawyer can provide medical records, documents as well as other evidence in support of your case. The defendant's lawyer will submit an answer to these documents and the two sides will then engage in further discussions. If the parties cannot reach an agreement, then mediation or arbitration may be required before trial can begin. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any companies that have liens on your award from a specific money escrow before distributing an actual check.