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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for losses or injuries. In these cases the defendant is usually the one responsible for the incident. The plaintiff is typically the party who is injured. Your lawyer will review all medical records along with other documents, to determine the totality and cost of your injuries and damage. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case the judge will award the plaintiff a sum of money to cover damages. The money can be awarded in a lump sum or spread out over a period of time, as part if an agreed settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs which can be listed and quantifiable for example, medical expenses and lost wages. General damages are difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment. Keep a journal to document the way your injuries affected you. This will increase your chance of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete activities you used to take for granted. In a majority of personal injury cases, more than one defendants are at fault. This is particularly true when a business or an individual is guilty of reckless negligence, fraud, and criminal intention. The court can also award punitive damages to deter others from acting in the same way. When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants will be required to submit a response (also called an answer) within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed the case will move to the process of fact-finding, also known as discovery. This is when the parties exchange pertinent information and evidence, which includes depositions under oath. This is where you will find the majority of time in a personal injury lawsuit timeline. Statute of limitations If you make a claim for injury after the statute of limitation expires, it is possible that you'll lose the right to damages. It is important to consult an attorney for personal injuries as soon as you can, even if you're not certain whether the incident occurred before the deadline. A statute of limitations is a state law that sets a time limit on the amount of time you have to file an injury lawsuit. In the majority of states the statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline to file a personal injury lawsuit is dependent on the person you're seeking to sue. If you are suing an entity of municipal government (such as city or county) the deadline is shorter. In addition, there are certain situations that can change the statute of limitations in your particular case. For Houston injury lawyer , if you were exposed to harmful substances or suffered medical malpractice the time limit may begin when you discover or should have discovered, that your injuries were caused by negligence. In certain cases the statute of limitations may be extended for minors. If you file an injury claim after the time limit has expired the defendant will likely to inform the court and ask for the dismissal of your lawsuit. In this case the court will decide to dismiss your claim without a hearing. It is essential to contact an attorney for personal injuries as soon as possible to discuss your case and determine if you can make a legal claim. Complaint A complaint is a legal document filed by a plaintiff which alleges an action, and a demand for judicial relief. The complaint must also specify the kind of compensation the plaintiff seeks. The defendant is then required to respond within a certain timeframe. In general the case, a defendant will deny the claim. If the defendant fails to 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. Your lawyer will ensure that you get paid for medical bills currently incurred and any future costs. These include things like medication or home care, as well as physical therapy. You can also claim any loss in quality of life resulted from your injury. This includes things such as the inability to drive, sleep or walk normally. This type of damages is known as suffering and pain. If a complaint is filed, the court will hold a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. Your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses which include the cost of your current and future medical expenses, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment in your life, as well as any other damages not monetary you are seeking. If the case is deemed to have probable cause, your case will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable reason or because the court is not in jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy via certified or registered post within a specific time. The defendant must respond, or they risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in more specific detail. It could include photos of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you think the defendant is accountable for the harm. In the middle of a lawsuit referred to as “discovery,” each party gets to ask questions and look over evidence held by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, and your attorney will play a crucial role in negotiations during this stage. Your lawyer can also ask that you are examined by a doctor they choose in connection with the damages or injuries you're claiming. If you do not attend, the judge could dismiss your case, or demand that you pay the defendant for the cost of their examination. After a discovery and inspection, attorneys on 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 an appointment date for the trial. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is at fault and the jury awards you damages. If the defendant isn't responsible and the jury denies your claim. Trial Personal injury claims can cover a broad variety of injuries, including wrongful death, emotional distress (libel or slander), and physical harm from accidents like car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries like suffering and pain, as well as loss of companionship. In the early stages of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your damages. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will stay in contact with you regarding any significant developments and negotiations throughout the entire process. If negotiations fail, your lawyer will file a formal complaint in the court against the defendant. A Complaint, which is the first official document of a civil suit, lists all parties, describes the incident and lays out allegations of wrongdoing. It also seeks compensation. The complaint must be personally served and must be delivered physically to the defendant. It typically takes approximately a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. At this point your lawyer could submit documents, medical records as well as other evidence to prove your argument. The attorney representing the defendant will respond to these documents, and then the two sides will begin further negotiations. If the parties are unable to come to an agreement, mediation or arbitration may be required before your case is put to trial. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have liens on your award through a specialized account before distributing a check.