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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. In these cases, the defendant is usually the one responsible for the incident. The plaintiff is usually the party who is injured. Your attorney will review all medical records, as well as other documentation, to determine the full extent and cost of your injuries and damage. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins in a personal injury claim, the judge awards the plaintiff money to pay damages. The funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be itemized like medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of living, are more difficult to quantify. Keep a diary to record the way your injuries affected your life. This will increase your chance of receiving maximum compensation for any non-economic losses. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to complete things you used to take for granted. In many personal injury lawsuits there are many defendants. This is most common when a business or an individual acts with gross negligence, fraud, and criminal motives. The court may also award punitive damage to deter other people from engaging in the same manner. Once a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to submit a response or answer within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will exchange information and evidence during this phase, including taking depositions. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations expires you could lose your right to recover damages. It is essential to speak with a personal injury attorney whenever you can, even if you're not certain whether the incident occurred before the deadline. A statute of limitation is a law of the state that establishes a deadline for filing a lawsuit. In most states, a statute of limitations begins on the date on which the accident or incident caused your injuries. The deadline to file a lawsuit is dependent on the person you are suing. For instance, if are seeking to sue a municipal government entity (such as a city or county), the deadline is much shorter. Additionally, there are certain situations which could change the statute of limitations in your case. For instance, if you were exposed to harmful substances or suffered medical negligence the statute of limitations could begin when you realize, or reasonably should have realized that your injuries were caused by negligence. In certain instances the statute of limitations is extended 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 request your lawsuit to be dismissed. In this case the court will decide to dismiss your claim summarily without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is an official legal document that is filed by a party who asserts a cause of action and demands judicial relief. The complaint should also define the type of compensation that the plaintiff is seeking. The defendant must then respond within a set time frame. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond, default judgment can be made in favor of the petitioner. Personal injury claims are typically founded on bodily injury. Physical injuries can be expensive, and your lawyer will ensure that you receive compensation for any current medical bills and any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. You can also claim for any loss in your quality of life that is resulted from your injury. This includes things like being unable to walk, sleep or drive normally. This type of damages is known as pain and suffering. If a complaint is filed, the court will hold a preliminary conference to set the date for the mandatory oral and physical examinations as well as any document production. Your lawyer will then prepare a Bill of Particulars. It will provide a full description of your injuries. It will include all your losses, including the costs of your current and future medical bills, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you are seeking. If the case is determined to be a probable cause your case will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable cause or because the court is not in jurisdiction, you may appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff submits a complaint to the court and sends the defendant a copy of the complaint via certified or registered post within a certain time frame. The defendant has to respond or risk a default judgement against them. Mount Vernon injury lawyers will submit a Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you believe the defendant is responsible for the injury. During the middle phase of a lawsuit, also known as “discovery” in which each party is given the chance 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 will play a crucial role in negotiations during this stage. Your lawyer can also ask to have you examined by a doctor they choose for the damages or injuries you're claiming. If you don't take part, the judge may dismiss your case, or demand that you pay the defendant the costs of their examination. After discovery and inspection have been completed, attorneys on both sides can submit a document referred to as the “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your 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 liable for the accident, the jury will award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander), and physical harm caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed for non-physical injuries like the suffering of others and loss of companionship. In the early stages of your case the lawyer will investigate the accident to determine what happened and the magnitude of your losses. Then, he or she will work with the insurance company of the at-fault company. Your lawyer will keep you up to date on any negotiations and important developments throughout the process. Once negotiations have failed and your lawyer has to make a formal complaint to the court against the defendant. A Complaint is the first official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing, and requests compensation. The complaint must be personally served which means it must be physically handed to the defendant. It usually takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer is whether the defendant admits to the allegations made in the Complaint or denies them. In this stage your lawyer may submit medical records, documents, and other evidence in support of your case. The defendant's attorney will respond to these documents, and then the two sides will start negotiations. If the parties are unable to come to an agreement and mediation or arbitration might be required prior to your case goes to trial. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any company that have lien on your monetary award from a specific money escrow before distributing a check.