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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. These cases often involve a party who is at fault (defendant) and an injured party referred to as the plaintiff. Your attorney will examine your medical records and other documents to assess the full extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury lawsuit, the courts award them funds to pay for their damages. The funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are expenses that can be categorized and are measurable, such as medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment of life, are more difficult to quantify. Keep a diary of the way your injuries have affected you 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 as well as mental anxiety and your ability to perform things you once took for granted. In a lot of personal injury cases, multiple defendants are at fault. This is most common when a business or individual acts with fraud, criminal intent and gross negligence. Greenville injury lawsuits 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 has been filed. They will then be required to respond, also known as an answer, within 30 days. Usually, 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. The parties will exchange information and evidence in this stage including depositions. This stage takes up the majority of a personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it's likely that you will lose your right to receive damages. This is why it's important to consult a personal injury lawyer about your case as early as possible even if you're not sure if the incident occurred within the timeframe. A statute of limitations is a law in a state that sets a deadline for filing a lawsuit. In the majority of states, a statute of limitations begins on the date that the accident or incident led to your injuries. The deadline to file a personal injury lawsuit is dependent on the individual you are seeking to sue. For instance, if you are seeking to sue a municipal government agency (such as a county or city) the deadline is much shorter. In addition, there are certain situations which could 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 may begin when you discover or reasonably should have known that your injuries are due to negligence. In some cases minors are not subject to the statute of limitation. If you file an injury claim after the time limit has expired the defendant will most likely inform the court and request the dismissal of your lawsuit. In this instance, the court will dismiss your claim in a hurry without hearing. It is essential to contact a personal injury lawyer immediately to discuss your case and determine if you can make an official claim. Complaint A complaint is a legal formal document filed by a plaintiff which asserts an actionable cause, and a demand for legal relief. The complaint should also define the kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a specific time frame. A defendant will usually reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner. Most personal injury claims can result in bodily injury. Physical injuries can be very expensive, and your lawyer will ensure that you get paid for any existing medical bills and any future costs that are anticipated. These include things like medication or home care, as well as physical therapy. You can also claim for any loss in quality of life caused by your injury. This includes things like the inability to walk, sleep or drive normally. This type of damage is called suffering and pain. If a complaint is filed and the court is notified, they will convene a preliminary conference 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 your losses including your future and current medical costs, lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment as well as any other damages that are not monetary that you seek. If the case is deemed to be probable cause, your case will be scheduled for a public hearing. If your complaint is dismissed due to a determination of no probable cause or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant by registered or certified mail within a specific time frame. The defendant must respond, or they risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which sets out the damages and injuries you've sustained more fully. It could include photos of your injuries, medical bills, and lost wages. It also contains details about the accident and what the defendant is accountable for the harm you suffered. In the middle of a lawsuit, also known as “discovery”, each party is able to ask questions and review evidence provided by the other party. Your attorney is crucial in this phase of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer may also request that you be examined by any doctor they choose in regard 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 defendant's exam costs. After the discovery and inspection process is completed, the lawyers on each side 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 decide on the trial. During the trial the jury will decide if the defendant is responsible for the accident and your injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not liable then the jury will deny your claim. Trial A personal injury lawsuit encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit could also be filed for physical injuries, such as discomfort and pain and loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what occurred and the extent of your injuries. Then, he or she will negotiate with the insurance company. Your attorney will keep you up-to date on any negotiations and significant developments during this process. After negotiations have failed and your lawyer has to make a formal complaint to court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, details the incident, claims that there was wrongdoing, and seeks compensation. The complaint must be personally served which means it must be handed over physically to the defendant. This usually takes around a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer is whether the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. During this stage, your lawyer may submit documents, medical records and other evidence to back your case. The defendant's attorney will respond to these documents and the two sides will begin negotiations. If the parties are not able to reach an agreement and mediation or arbitration might be required before your case is put to trial. However, a significant percentage of personal injury cases are settled out of court. Once a settlement is reached, your lawyer has to pay any companies with lien on the settlement out of a separate escrow account before he or she will write you a check.