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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these situations, the defendant is usually the person at fault. The plaintiff is typically the party who is injured. Your lawyer will review your medical records, as well as other documents, to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury case, the court awards the plaintiff a sum of money to cover damages. The funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are costs that can be categorized and quantifiable like medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment, are more difficult to quantify. Keep a journal in which you can record how your injuries impacted you. This will increase your chances of receiving maximum compensation for any non-economic losses. This includes the effect on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to do activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is most common when a person or business commits the most blatant negligence, fraud and criminal motives. The court can also award punitive damage to discourage others from doing the same thing. When a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to respond or answer, within 30 days. Typically, defendants deny the allegations in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. The parties will exchange information and evidence during this phase including depositions. This is where you will find the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you'll lose your right to receive damages. It is important to consult a personal injury attorney as soon as you can even if you're not certain if the incident occurred within the deadline. A statute of limitation is a law in a state that sets a deadline for filing an action. In most states the statute of limitations starts with the date of the accident or incident that led to your injuries. The deadline to file a lawsuit for personal injury also depends on the individual you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as city or county), the deadline will be shorter. There are also certain situations that may change the statute of limitation in your case. If you were exposed to toxic substances or were the victim of 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, minors are exempt from the statute of limitation. If you file an injury claim after the time limit has expired the defendant will likely inform the court and request the case to be dismissed. In this instance, the court will dismiss your claim summarily without a hearing. It is important to consult a personal injury lawyer immediately to discuss your case and determine if you are eligible to file an official claim. Complaint A complaint is a formal legal document that is filed by a party who asserts a cause of action and seeks legal relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a specified time period. In general, a defendant will reject the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner. In the majority of cases, personal injury claims can result in bodily harm. Physical injuries can be very expensive, and your lawyer will work to ensure that you receive compensation for any current medical bills as well as any anticipated future expenses. These costs include medical expenses or home care as well as physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is called pain and suffering. When a complaint is made and the court is notified, they will hold a preliminary meeting to schedule obligatory oral and physical examinations, as well as any document production. Following the conference your lawyer will draft the Bill of Particulars. This is a detailed report of your injuries. It will include all of 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 or disfigurement, loss of enjoyment of life and any other non-monetary damages you are seeking. If Longmont injury lawsuit is deemed to be a probable cause the case will be scheduled for public hearing. If your complaint is rejected because of a determination of no probable reason or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff submits a complaint to the court and sends the defendant a copy by certified or registered post within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries suffered by you in more depth. It could include photographs of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you believe the defendant is responsible for the injury. In the middle of a lawsuit, also known as “discovery” the parties is able to ask questions and examine evidence provided by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, therefore your attorney plays a significant role in negotiations during this stage. Your lawyer can also request to have you examined by a doctor they choose in relation to the damages or injuries you're seeking. If you do not attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs. Once discovery and inspection are completed, lawyers on both sides may file something called the “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then determine the trial date. During the trial, a jury will determine if the defendant is at fault for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not at fault and the jury decides to deny your claim. Trial A personal injury case encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries such as suffering and pain, as well as loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the beginning stages of the investigation to determine the exact cause and the extent of your injuries. Then, he will work with the at-fault party's insurance company. Your attorney will stay in touch with you on any significant developments and will also negotiate throughout the entire process. If negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A complaint, the first official document in a civil suit, lists all parties, details the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. This typically takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or accepts the allegations in the Complaint. In this stage your lawyer may submit documents, medical records 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 continue to negotiate. If the parties are not able to reach a settlement, mediation or arbitration may be required prior to your case can go to trial. A large portion of personal injury cases are settled outside of court. When a settlement is reached, your lawyer must pay any companies with liens on the monetary settlement out of a separate account for escrow before he or she will write you an official check.