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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These lawsuits typically involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury case, the courts award them money to pay for their damages. These funds can be awarded in an amount in one lump sum or spread out over a period of time or as part of the settlement is structured. 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 quantifiable, such as medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment, are more difficult to quantify. 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, your pain levels on a daily basis, mental anguish and your ability to perform activities you used to take for granted. In a majority of personal injury cases, multiple defendants are at fault. This is particularly true when an individual or business is guilty of reckless negligence, fraud, and criminal motives. The court may also award punitive damages to discourage others from doing the same thing. Once a lawsuit is filed, the defendants will receive a summons and complaint. They are then required to file a response which is also known as an answer, within 30 days. Typically, defendants will not deny the allegations contained in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. The parties will share information and evidence in this stage, including taking depositions. This stage takes up the majority of the personal injury timeline. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you'll lose your right to receive damages. That's why it is important to talk to an attorney for personal injury about your case early even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a state law which sets a deadline for filing a lawsuit. In most states, the statute of limitations runs on the date of the accident or incident that caused your injuries. The time limit for filing a lawsuit for injury is dependent on the person you are seeking to sue. For example, if you are seeking to sue a municipal government agency (such as a city or county) the deadline is much shorter. Additionally, there are certain situations that could alter the statute of limitations in your case. For example, if you were exposed to toxic substances or suffered medical negligence, the statute of limitations could begin when you discover or ought to have discovered, that your injuries were 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 likely point this out to the court and request your lawsuit to be dismissed. If this occurs, the court could dismiss your claim on the spot without a 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 legal formal document filed by a plaintiff that alleges an action, and a demand for legal relief. The complaint should also state the type of relief the plaintiff is seeking. The defendant must then respond within a specified time frame. In general the case, a defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner. Personal injury claims are usually based on actual bodily harm. Physical injuries can be extremely expensive, and your attorney will work to ensure that you receive compensation for any current medical bills, as well as any future expenses you anticipate. These expenses include medications as well as home care and physical therapy. You may also be able to claim any loss in quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This type of damage is known as suffering and pain. If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to schedule obligatory oral and physical examinations as well as any document production. Your lawyer will prepare an Bill of Particulars. It is a comprehensive account of your injuries. It will include all of your losses including the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment, as well as any other non-monetary damages that you seek. If your case is determined to have probable cause you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process 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 a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the damages and injuries you've sustained more fully. It could include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is accountable for the harm you suffered. In the middle of a lawsuit called “discovery,” each party has the opportunity to ask questions and look over evidence held by the other party. Your lawyer will be crucial in this phase of negotiations because the representatives of the defendant want to have full information before making settlement offers. Your lawyer may also request that you undergo an examination by any doctor they choose in relation to the injuries and damages you're claiming. If you don't attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs. After the discovery and inspection, attorneys from both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then schedule a 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 responsible, the jury will award you damages. If the defendant isn't liable then the jury will deny your claim. Trial A personal injury case involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries such as the suffering of others and loss of companionship. In Pasadena injury lawyers of your case your lawyer will conduct a thorough investigation of your accident to fully understand the cause of the incident and the extent of your losses. He or she will then engage with the insurance company of the party at the fault. Your attorney will keep you up-to date on any negotiations and significant developments during this process. If negotiations fail and your lawyer has to make a formal complaint to court against the defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, describes the incident, argues for wrongdoing, and seeks compensation. The complaint must be served personally which means it must be physically handed to the defendant. It usually takes about 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 denies them. During this time your lawyer may submit documents, medical records, and other evidence in support of your case. The defendant's attorney will respond to these documents and the two sides will start further negotiations. If the parties are unable to reach an agreement and mediation or arbitration might be required prior to your case is put to trial. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have liens on your award from a specific escrow fund before issuing you the check.