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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. In these cases the defendant is usually the person responsible for the incident. The plaintiff is typically the party who is injured. Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury lawsuit the court awards them money to pay for damages. These funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs that can be itemized and are measurable like medical expenses and lost wages. General damages, like discomfort and pain, as well as loss of enjoyment of living, are more difficult to quantify. Keep a diary of the way your injuries have affected you the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to do things you used to take for granted. In many personal injury cases, more than one defendants are at fault. This is particularly true when a business or an individual commits the most blatant negligence, fraud and criminal motives. The court can also award punitive damages to deter others from acting in a similar way. The defendants are served with an order with a complaint after a lawsuit has been filed. The defendants must submit a response (also called an answer) within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer has been filed, the case moves to an investigation known as discovery. The parties will share information and evidence during this stage including depositions. This stage takes up the majority of a personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out the statute of limitations will expire and you'll likely lose the right to collect damages. That's why it is important to consult a personal injury lawyer about your case as early as possible even if you're not sure if the accident occurred within the timeframe. A statute of limitations is a law in a state that sets a deadline on the time you can file an injury lawsuit. In many states the statute of limitations runs on the date of the incident or accident that led to your injuries. The deadline to file a lawsuit for personal injuries also varies depending on the person you're suing. If you are suing an entity of municipal government (such as the city or county) the deadline is shorter. In addition, there are certain situations that could alter the statute of limitations in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations can 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 limitation. If you file a personal injury claim after the time limit has expired the defendant will most likely inform the court and request your lawsuit to be dismissed. If this occurs, the court will summarily dismiss your claim without a hearing. That's why it is important to consult an experienced personal injury lawyer early 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 that claims a cause of action and demands the judicial remedy. The complaint must also specify the type of compensation that the plaintiff seeks. Atlanta injury lawsuit is then required to respond within a specified timeframe. In general, a defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor. Personal injury claims are generally founded on bodily injury. Physical injuries can be extremely expensive, and your lawyer will ensure that you receive compensation for any current medical bills and any future costs that are anticipated. These costs include medical expenses or home care as well as physical therapy. You can also claim for any loss in quality of life that is caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as suffering and pain. When a complaint is filed when a complaint is filed, the court will convene a preliminary conference to set the date for the mandatory oral and physical examinations, as well as any document production. Following the conference your lawyer will draft an Bill of Particulars. It is a thorough description of your injuries. It will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will also detail the possible emotional distress and disfigurement, the loss of enjoyment of life and any other damages that you seek. If your case is determined to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff files the complaint with the court and then 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 a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the damages and injuries you've suffered more fully. This may include photos of your injuries, medical bills and lost wages. The document also includes information about the incident and how you think the defendant is responsible for the harm. During the middle phase of a lawsuit, called “discovery”, each party has the opportunity to ask questions and look over evidence presented by the opposing party. The defendant's representatives will need to have all the facts before making settlement offers, and your attorney plays a significant role in negotiations during this stage. Your lawyer can also request to see you by a doctor they choose in relation to the damages or injuries you're claiming. If you don't attend, the court could dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After the discovery and inspection, attorneys from both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then set the date for a trial. During the trial the jury will decide if the defendant was accountable 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 Personal injury claims can cover a broad range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm from accidents like car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like pain and suffering and loss of companionship. Your lawyer will conduct research on your accident in the initial stages of the case to determine the exact cause and extent of your injuries. The lawyer will then engage with the insurance company of the party who is at fault. Your attorney will keep you up to the minute on any negotiations or important developments throughout the process. After negotiations fail the lawyer will file an official complaint in a court against the defendant. A Complaint, the first official document in a civil suit, identifies all parties, outlines the incident, and claims that there was wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. This usually takes a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or acknowledges the allegations in the Complaint. At this point your lawyer will submit documents, medical records as well as other evidence to prove your case. The attorney representing the defendant will then reply to these documents and the two sides will start negotiations. If the parties can't come to an agreement, mediation or arbitration could be required before the trial can be held. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any businesses that have liens on your award from a specific money escrow before distributing a check.