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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these cases the defendant is usually the one who is at fault. The plaintiff is usually the victim. Your lawyer will go through your medical records and other documentation to determine the extent of your injuries, costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury case, the judge awards the plaintiff a sum of money to cover damages. The money can be awarded in lump sums or spread over a time period in an agreed settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are those that can be quantified that can be listed, such as medical bills and lost earnings. General damages are difficult to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keep a diary to record how your injuries affected you. Albany injury attorney You Tube increases your chances of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, your daily pain levels and bouts of mental anguish, and how your injuries affect your ability to take part in the activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is especially true when a business or individual commits fraud, criminal intent or gross negligence. The court may also give punitive damages to discourage others from committing the same way. The defendants receive a summons along with a complaint after a lawsuit is filed. They are then required to file a response or answer within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer is filed, the case moves to the phase of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, including taking depositions under oath. This is where you will find the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose your right to recover damages. It is crucial to speak with a personal injury attorney as soon as possible even if you're not sure whether the accident occurred within the timeframe. A statute of limitations is a state law that sets a deadline on the amount of time you must bring a lawsuit for injury. In the majority of states the statute of limitations begins on the date that the accident or incident caused your injuries. The time limit for filing a lawsuit for injury is dependent on the person you are seeking to sue. If you are suing an entity of municipal government (such as a county or city) the deadline is shorter. There are other situations that could alter the statute of limitation in your situation. If you have been exposed to toxic substances or suffered from medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably should have known that your injuries are due to negligence. In certain instances minors are not subject to the statute of limitations. If you make an injury claim after the statute of limitations has expired, your defendant will likely inform the court of this and ask to dismiss your claim. In this instance, the court will dismiss your claim in a hurry without a hearing. This is why it's crucial 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 filed by a party that asserts a cause of action and seeks the judicial remedy. The complaint should also define the kind of compensation the plaintiff seeks. The defendant is then required to respond within a specified time frame. In general the case, a defendant will reject the claim. If the defendant does not respond, a default judgment may be granted in favor of the petitioner. In the majority of cases, personal injury claims involve actual bodily injury. Physical injuries can be expensive, and your attorney will ensure that you are compensated for any existing medical bills, as well as any future expenses you anticipate. These include things like medication, home care and physical therapy. You can also claim for any loss in quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of damage is known as pain and suffering. When a complaint is made, the court will hold a preliminary conference to set the date for obligatory oral and physical examinations as well as any document production. After the conference, your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. It will include your losses including your current and future medical costs loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in your life and any other damages not monetary you seek. If your case is determined to have probable cause you will be scheduled for an open hearing. If the complaint is dismissed because 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 begins with a summons as well as a complaint. The plaintiff submits a complaint to the court and sends the defendant a copy by registered or certified mail within a specified time. The defendant must respond, or they risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries sustained by you in more specific detail. This 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. During the middle part of a lawsuit called “discovery,” each party is allowed to ask questions and examine evidence that is held by the other party. Your attorney is crucial in this phase of negotiations because the representatives of the defendant want to have full information before making settlement offers. Your lawyer can also ask to have you examined by a doctor of their choosing in regard to the damages and injuries you're claiming. If you fail to show up, 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 both sides may file a document known as a “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then schedule a trial. During the trial, the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is at fault the jury could award you damages. If the defendant is not liable then the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents like car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as the suffering of others and loss of companionship. In the beginning of your case your lawyer will conduct a thorough investigation of your accident to fully understand what happened and the magnitude of your injuries. The lawyer will then engage with the insurance company of the party at fault. Your attorney will keep you up to date on any negotiations and important developments throughout the process. Once negotiations have failed the lawyer will submit a formal complaint to court against the defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, describes the incident, alleges wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It usually takes about 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 could submit documents, medical records as well as other evidence to prove your case. The defendant's attorney will respond to these documents and then the two sides will start discussions. If the parties are unable to reach an agreement, mediation or arbitration could be required before the trial can be held. A large portion 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 money award out of a special escrow account before he or they can issue a check.