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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These cases often involve a person who is at the fault (defendant) and an injured party known as the plaintiff. Your attorney will review your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will help them prepare and negotiate with the insurance company for you. Damages If a plaintiff prevails in a personal injury lawsuit the court gives them money to pay for damages. These funds can be awarded as an amount in one lump sum or spread over a time period, as part if an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be listed like medical bills and lost earnings. General damages, like pain and discomfort and loss of enjoyment of living, are more difficult to quantify. Keep a diary to record how your injuries affected you. This increases your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels and bouts of mental anguish, and how injuries affect your ability to take part in the activities you used to take for taken for granted. In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or individual commits fraud, criminal intent or gross negligence. The court can also award punitive damages to deter others from acting in the same way. The defendants will receive a summons along with a complaint after a lawsuit has been filed. The defendants are required to provide a response (also called an answering) within 30 days. Usually, defendants will deny the allegations made in the complaint. Once the answer is filed, the case will enter an investigation stage, known as discovery. The parties will share information and evidence during this stage including depositions. This phase takes up the majority of the personal injury timeline. Statute of limitations If you make a claim for injury after the statute of limitations expires, it is likely that you'll lose the right to damages. This is why it's important to talk to an attorney who specializes in personal injury to discuss your case early even if you're not sure if the accident occurred before the deadline. A statute of limitations is a state law which sets a time frame on the amount of time you must bring a lawsuit for injury. In many states the statute of limitations starts on the date of the accident or incident which caused your injuries. The time limit for filing a lawsuit for injury also depends on who you are seeking to sue. If you are suing an entity of municipal government (such as the city or county), the deadline will be shorter. There are certain circumstances that may change the statute of limitations in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for example, the statute of limitation can begin when you discover or ought to have known that your injuries are the result of negligence. In some cases minors are exempt from the statute of limitations. If you file an injury claim after the statute of limitation has expired the defendant will likely tell the court about this and request that your lawsuit be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without hearing. It is essential to contact an attorney for personal injuries immediately to discuss your case and determine if you are eligible to file an official claim. Complaint A complaint is a formal legal document that is filed by a person who asserts a cause of action and demands judicial relief. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant must then respond within a specified time frame. A defendant is likely to deny the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. In the majority of cases, personal injury claims can result in bodily injury. Physical injuries can be extremely expensive, and your attorney will ensure that you receive compensation for any current medical bills as well as any future expenses you anticipate. This includes things like medications, home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is referred to as pain and suffering. The court will schedule an initial conference once a complaint has been filed. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. Following the conference your lawyer will draft an Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered including the cost of your current and future medical bills, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other damages that you're seeking. If your case is found to have probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff file a complaint with the court and sends the defendant a copy of the complaint via registered or certified mail within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which describes 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 about the accident and how you believe the defendant is accountable for the harm. In the middle of a lawsuit referred to as “discovery,” each party is allowed to ask questions and examine 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 that you be examined by the doctor of their choice in regard to the damages and injuries you're seeking. 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 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 to go to trial. The judge will then decide on a trial. During the trial, the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not accountable, the jury will deny your claim. Trial A personal injury lawsuit involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical, such as pain and discomfort and loss of companionship. Your lawyer will conduct an investigation regarding your accident in the initial stages of the case to determine the precise cause and the extent of your injuries. He or she will then engage with the insurance company of the party at the fault. Your lawyer will keep you up to current on any negotiations and significant developments during this process. After negotiations fail, your lawyer will file an official complaint in the court against defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, describes the incident, claims that there was wrongdoing, and requests compensation. Boca Raton injury lawyers must be personally served with the complaint, which is to say it must be delivered physically to him or her. This usually takes one month. After service is completed, the defendant must “answer” the Complaint within a set time, which is usually 30 days. The answer will reveal whether the defendant denies or acknowledges the allegations made in the Complaint. In this stage, your lawyer can submit documents, medical records and other evidence to support of your case. The lawyer representing the defendant will then respond to these documents, and then the two sides will start negotiations. If the parties are not able to reach a settlement the mediation or arbitration process could be required before your case is put to trial. A significant number of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any businesses that have lien on the money settlement out of a separate escrow account before he or she will write you an official check.