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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. These cases often involve a party who is at the fault (defendant) and an injured party known as the plaintiff. Your attorney will review all medical records along with other documentation, in order to determine the full extent and cost of your injuries and damage. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury case the courts award them funds to cover their losses. The funds can be awarded in one lump sum or paid 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 measurable costs that can be categorized for medical expenses and lost earnings. General damages are harder to quantify a dollar amount on, such as pain and suffering and loss of enjoyment of life. Writing down how your injuries have affected you can help improve your chance of winning the most money for damages that are not economic. This includes the impact on your relationships, daily pain levels and bouts of mental anguish, and how injuries affect your ability to participate in activities you once took for granted. In a majority of personal injury cases, multiple defendants are at fault. This is the most frequent scenario when a business or person is guilty of fraud, criminal intent or gross negligence. The court may also give punitive damages to discourage others from acting in the same manner. When a lawsuit is filed the defendants will be served with a summons and complaint. The defendants will be required to respond (also known as an answering) within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will share information and evidence during this stage including depositions. This is where you will find the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out you could lose the right to collect damages. This is why it's important to talk to an attorney for personal injury about your case early, even if you are not certain if the incident occurred before the deadline. A statute of limitations is a law in a state that provides a time frame for filing an action. In the majority of states, a statute of limitations begins the date on which the accident or incident caused your injuries. The deadline for filing a personal injury lawsuit also varies depending on the individual you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as the city or county), the deadline will be much shorter. Additionally, there are certain situations that could alter the statute of limitations in your situation. If you were exposed toxic substances or were the victim of medical malpractice, for example, the statute of limitation may begin when you discover or ought to have known that your injuries are the result of negligence. In some cases, the statute of limitations may be extended for minors. If you make a claim for injury after the statute of limitation has expired, your defendant will likely inform the court about this and request that your case be dismissed. If this occurs, the court could dismiss your claim on the spot without hearing. That's why it is important to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is an official legal document that is filed by a party who asserts a cause of action and seeks legal relief. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant is then required to respond within a specific time frame. In general the case, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner. In the majority of cases, personal injury claims are based on actual bodily harm. Physical injuries can be extremely costly, and your attorney will work to ensure that you are compensated for any existing medical bills, as well as any future expenses you anticipate. These include things like medication as well as home care and physical therapy. You can also claim for any loss in your quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as suffering and pain. 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. Your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including your current and future medical costs, lost wages and property damage. Your lawyer will also describe the alleged emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you seek. If the case is found to be probable cause the case 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 doesn't have jurisdiction, you may appeal the decision. Colorado Springs injury lawyer starts with a summons as well as a complaint. The plaintiff file the complaint with a court and sends a copy of the document to the defendant through certified or registered 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 an Bill of Particulars, which describes the injuries and damages you've suffered in greater detail. This could include photos of your injuries, medical expenses and lost wages. The document also contains details regarding the accident and why you think the defendant is responsible for the harm. In the middle of a lawsuit, called “discovery” the parties is given the chance to ask questions and examine evidence held by the other party. Your attorney is crucial in this phase of negotiations since the representatives of the defendant want to have full information before making settlement offers. Your lawyer can also ask to see you by a physician they select in relation to the injuries or damages you're claiming. If you fail to take part, the judge may dismiss your case or require that you pay the defendant for the cost of their examination. After a discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then determine a trial date. During the trial the jury will decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is responsible, the jury will award you damages. If the defendant isn't responsible then the jury will dismiss your claim. Trial A personal injury claim 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. In addition, lawsuits can also be filed over non-physical injuries such as suffering and pain, as well as loss of companionship. In the early stages of your case, your lawyer will research your accident to fully understand what occurred and the extent of your losses. He or she will then negotiate with the insurance company of the party who is at fault. Your lawyer will keep you up to date on any negotiations and significant developments during this process. After negotiations don't work the lawyer will file an official complaint in court against defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, describes the incident and alleges wrongdoing. It also demands compensation. The complaint must be personally served which means it must be physically handed to the defendant. It usually takes about one month. After service has been completed, the defendant must “answer” the Complaint within a set date, which is usually 30 days. The answer will explain whether the defendant denies or accepts the allegations in the Complaint. In this phase your lawyer could provide medical records, documents as well as other evidence to prove your argument. The lawyer representing the defendant will then respond to these documents, and then the two sides will start further negotiations. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to trial can begin. However, a significant percentage of personal injury cases settle out of court. After a settlement has been reached, your lawyer has to pay any companies that have liens on the monetary settlement out of a separate account in escrow before he/ they can issue an official check.