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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these situations the defendant is typically the person who is at fault. The plaintiff is typically the victim. Your lawyer will review all of your medical records along with other documentation, in order to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in an injury lawsuit, the courts award them money to pay for their damages. These funds may be awarded in one lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be listed like medical bills and lost earnings. General damages are more difficult to place a dollar value on, such as the suffering and pain, and the loss of enjoyment. Writing down how your injuries have affected the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels mental stress and your ability to complete things you once took for granted. In many personal injury cases, more than one defendants are accountable. This is most common when a business or an individual is guilty of gross negligence, fraud, and criminal motives. The court can also give punitive damages to discourage others from acting in the same way. The defendants will receive a summons along with a complaint after a lawsuit is filed. They will then be required to submit a response which is also known as an answer, within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed, the case moves to a stage of fact-finding known as discovery. This is where the parties exchange pertinent information and evidence, which includes depositions under the oath. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. That's why it is important to speak with an attorney who specializes in personal injury to discuss your case early even if you're not sure if the accident occurred before the deadline. A statute of limitations is a law of the state that sets a deadline for filing an action. In the majority of states the statute of limitations begins on the date that the accident or incident led to your injuries. The deadline to file a lawsuit for personal injury is dependent on the individual you are suing. If you want to sue an entity of municipal government (such as the city or county), the deadline will be shorter. There are certain circumstances that could alter the statute of limitations in your situation. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation may begin when you discover or ought to have known that your injuries are the result of negligence. In certain instances minors are not subject to the statute of limitations. If you file an injury claim after the time limit has expired the defendant will most likely to inform the court and request your lawsuit to be dismissed. In this case the court will dismiss your claim summarily without a hearing. This is why it's important to talk with an experienced personal injury lawyer early on 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 who alleges a cause for action and demands legal relief. The complaint must also specify the type of relief the plaintiff is seeking. The defendant must then respond within a specified timeframe. In general the case, a defendant will reject the claim. If the defendant fails to respond to the claim, a default judgement may be granted in favor of the petitioner. Most personal injury claims are based on actual bodily injury. Your attorney will make sure that you get paid for your current medical bills and any future costs. These costs include medical expenses or home care as well as physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as pain and suffering. When a complaint is filed when a complaint is filed, the court will hold a preliminary meeting to schedule mandatory physical and oral examinations as well as any document production. Your lawyer will then draft the Bill of Particulars. This is a detailed description of your injuries. It will include all your losses, including the costs of your current and future medical bills, lost earnings, and property damage. Your lawyer will also describe the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you are seeking. If your case is deemed to have 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 are able to appeal the decision. Birmingham injury attorney begins with the issue of a summons. The plaintiff file the complaint with a court and sends a copy of the document to the defendant by registered or certified mail within a specified time frame. 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 suffered by you in more detail. It may include photographs of your injuries, medical bills, and lost wages. It also includes details of the accident and how the defendant is responsible for your harm. During the middle phase of a lawsuit, referred to as “discovery”, each party is given the chance to ask questions and examine evidence provided by the other party. Your attorney is crucial in this stage of negotiations as the representatives of the defendant want to have full information before making settlement offers. Your lawyer can also request that you undergo an examination by a doctor of their choosing in relation to the injuries and damages you're claiming. If you fail to attend, the court may dismiss your case. Or order that you pay for the doctor's examination costs. Once discovery and inspection are completed, attorneys on both sides can file a document known as a “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then set the date for the trial. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is to blame, the jury may award you damages. If the defendant isn't responsible, the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents like car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as pain and suffering and loss of companionship. Your lawyer will conduct an investigation regarding your accident in the beginning stages of the investigation to determine the exact nature and severity of your injuries. Then, he or she will negotiate with the insurance company. Your lawyer will stay in touch with you on any significant developments and discussions throughout the process. After negotiations have failed, your lawyer will make a formal complaint to court against the defendant. A Complaint, the first official document of a civil suit, lists all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be served personally which means it must be physically handed to the defendant. It usually takes about one month. After service is completed, the defendant must “answer” the Complaint within a specific date, which is usually 30 days. The answer will tell you if the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. During this time your lawyer may submit medical records, documents and other evidence to support of your case. The defendant's attorney will respond to these documents and the two sides will begin negotiations. If the parties are unable to reach an agreement, then mediation or arbitration could be required before trial can begin. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any companies that have lien on your monetary award from a specific account before distributing the check.