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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. The cases typically involve a person who is at the fault (defendant) and an injured party known as the plaintiff. Your attorney will review all of your medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damage. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in an injury lawsuit the courts award them money to cover their losses. The funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are those that can be quantified that can be itemized, such as medical bills and lost earnings. General damages are harder to place a dollar value on, like pain and suffering and loss of enjoyment. Keep a journal to document how your injuries impacted your life. This will increase your chance of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anxiety and how your injuries affect your ability to engage in activities that you used to take for granted. In many personal injury lawsuits there are many defendants. This is especially true when a business or person is guilty of fraud, criminal intent, and gross negligence. The court can also award punitive damages to deter others from acting in the same manner. The defendants are served with a summons with a complaint after a lawsuit is filed. The defendants must provide a response (also called an answer) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After 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, as well as depositions under oath. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to collect damages. It is important to consult a personal injury attorney as soon as possible even if you're not certain if the incident occurred before the timeframe. A statute of limitations is a law in a state that sets a time limit on how long you can make an injury lawsuit. In most states, the statute of limitations begins on the date of the incident or accident which caused your injuries. The deadline for filing a lawsuit for injury also depends on who you are seeking to sue. For instance, if would like to sue a local government entity (such as a county or city), the deadline is shorter. There are also certain situations that may change the statute of limitations in your situation. For instance, if you were exposed to toxic substances or suffered medical malpractice the statute of limitations could begin when you discover or ought to have realized, that your injuries were caused by negligence. In some cases, the statute of limitations is tolled for minors. If you file an injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and ask for the case to be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without hearing. It is crucial to speak with an attorney who specializes in personal injury immediately to discuss your case and determine if you can make a legal claim. Complaint A complaint is an official legal document that is filed by a party who claims a cause of action and seeks legal relief. The complaint should also define the kind of compensation the plaintiff seeks. The defendant is then required to respond within a certain time frame. A defendant will usually deny the claim. If the defendant fails to respond, default judgment can be made in favor of the petitioner. Personal injury claims are generally founded on bodily injury. Your attorney will ensure that you are compensated both 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 caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is known as pain and suffering. When a complaint is filed, the court will convene a preliminary conference to plan obligatory oral and physical examinations as well as any document production. Your lawyer will then draft 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 also describe the alleged emotional distress or disfigurement, loss of enjoyment of life and any other non-monetary damages you're seeking. If the case is deemed to be probable cause, your case will be scheduled for a public hearing. If your complaint is rejected because of a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and a complaint. The plaintiff files a complaint with 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 greater depth. It may include photographs of your injuries, medical bills and lost wages. It also contains details about the accident and how the defendant is accountable for your harm. During the middle part of a lawsuit, also known as “discovery,” each party is allowed to ask questions and look over evidence held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney plays a significant role in negotiations during this phase. Your lawyer can also ask that you undergo an examination by a doctor of their choosing in relation to the damages and injuries you're claiming. If you do not take part, the judge may dismiss your case or require that you pay the defendant for their examination costs. After 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 prepared to go to trial. The judge will then schedule the trial. During the trial, the jury will decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is to blame, the jury may award you damages. If the defendant is not accountable then the jury will deny your claim. Trial A personal injury claim can result in a variety of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical like discomfort and pain, as well as loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand what happened and the magnitude of your injuries. He or she will then negotiate with the insurance company of the party who is at fault. Your lawyer will stay in contact with you regarding any significant developments and negotiations throughout the process. After negotiations don't work, your lawyer will file an official complaint in court against defendant. A complaint, the first official document in civil lawsuits, names all parties, describes the incident and alleges wrongdoing. It also requests compensation. Aurora injury lawsuit must be personally served with the complaint, which means that it must be delivered physically to him or her. It usually takes about approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer is whether the defendant is willing to admit the allegations in the Complaint or denies them. During this phase your lawyer may submit medical records, documents and other evidence to support of your case. The attorney representing the defendant will respond to these documents, and then the two sides will begin negotiations. If the parties are unable to reach an agreement, then mediation or arbitration may be required before trial can begin. A significant number of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any companies with lien on the settlement out of a separate escrow account before he or will issue you an official check.