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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. These cases often involve a person at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through all medical records along with other documents, to determine the totality and cost of your injuries 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 funds to pay for their damages. The 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 of compensatory damages: special and general. Special damages are costs that can be categorized and quantifiable like 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 affected your life. This will increase your chance of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to complete things you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is most common when a person or business commits fraud, criminal intent, and gross negligence. The court can also award punitive damages to deter others from committing the same manner. After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants must provide a response (also called an answer) within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. This is the time when the parties exchange pertinent information and evidence, including depositions under an oath. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to claim damages. It is important to consult an attorney for personal injuries as soon as you can even if you're not certain if the incident occurred within the time frame. A statute of limitations is a state law that sets a time limit on the time you must make an injury lawsuit. In the majority of states the statute of limitations begins the date that the accident or incident led to your injuries. The deadline for filing a lawsuit for injury is dependent on the person you are seeking to sue. If you want to sue an entity of municipal government (such as a county or city), the deadline will be shorter. There are certain circumstances that may change the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for example, the statute of limitation can begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In San Leandro injury attorney of limitations may be tolled for minors. If you file an injury claim after the time limit has expired, the defendant will most likely to inform the court and request the case to be dismissed. In this instance the court will dismiss your claim summarily without hearing. This is why it's important to speak with a seasoned 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 plaintiff that asserts an actionable cause, and a demand for judicial relief. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant must then respond within a certain time frame. In general the event of a denial, the defendant will not respond to the claim. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf. Most personal injury claims involve actual bodily harm. Physical injuries can be extremely expensive, and your lawyer 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 may also be able to claim any loss in your quality of life that is caused by your injury. This includes things like the inability to walk, sleep or drive normally. This kind of injury is referred to as suffering and pain. When a complaint is filed and the court is notified, they will hold a preliminary meeting to schedule the mandatory oral and physical examinations as well as any document production. After the conference, your lawyer will prepare an Bill of Particulars. It is a thorough description of your injuries. It will include all your losses which include the cost of your present 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 seek. If the case is determined to have probable cause your case will be scheduled for a public hearing. If the complaint is dismissed because of a ruling that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant via registered or certified mail within a specified time frame. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries sustained by you in more depth. It could include photos of your injuries, medical bills, and lost wages. It also contains details about the accident and what the defendant is responsible for your harm. During the middle part of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and look over evidence held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, and your attorney plays a significant role in negotiations during this time. Your lawyer can also request that you undergo an examination by the doctor of their choice in regard to the damages and injuries you're seeking. If you fail to attend, the court could dismiss your case. Or, they may require that you pay for the defendant's exam costs. After the discovery and inspection, attorneys on both sides may file a document 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 schedule a trial. During the trial the jury will decide if the defendant is at fault for the accident and your injuries. If the defendant is responsible and the jury awards you damages. If the defendant isn't at fault, the jury will reject your claim. Trial A personal injury case encompasses a range of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. Additionally, lawsuits can also be filed to address non-physical injuries such as pain and suffering and loss of companionship. Your lawyer will conduct an investigation on your accident in the early stages of the investigation to determine the exact nature and severity of your injuries. He or she will then engage with the insurance company of the party at the fault. Your lawyer will keep you up to date on any negotiations and important developments throughout the process. If negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. A Complaint, which is the first official document filed in civil lawsuits, names all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be personally served and must be handed over physically to the defendant. This typically takes about one month. After service has been completed and the defendant is required to “answer” the Complaint within a specific time frame, which is typically 30 days. The answer will reveal whether the defendant denies or accepts the allegations contained in the Complaint. At this point, your lawyer may provide medical records, documents and other evidence to support your case. The lawyer for the defendant will provide a response to these documents and the two parties will then engage in further discussions. If the parties are not able to reach a settlement, mediation or arbitration may be required before your case is put to trial. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any businesses that have lien on your monetary award from a special money escrow before distributing a check.