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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 attorney will examine your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case the courts award them funds to cover their losses. These funds may be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are measurable costs that can be itemized, such as medical bills and lost earnings. General damages, like pain and discomfort and loss of enjoyment, are more difficult to quantify. Keep a journal in which you can record how your injuries impacted you. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, daily pain levels mental stress and your ability to complete things you once took for granted. In many personal injury cases, multiple defendants are at fault. This is the most frequent scenario when a business or person acts with criminal intent, fraud and gross negligence. The court can also give punitive damages to discourage others from acting in a similar manner. Once a lawsuit is filed, the defendants will receive a summons and complaint. They will then be required to submit a response which is also known as an answer, within 30 days. Typically, defendants not deny the allegations contained in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is when the parties exchange pertinent information and evidence, which includes depositions under oath. 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 the right to collect damages. That's why it is important to talk to a personal injury lawyer about 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 provides a time frame for filing an action. In most states the statute of limitations starts with the date of the incident or accident that led to your injuries. The deadline for filing a lawsuit for personal injury is dependent on the person you are seeking to sue. For instance, if would like to sue a local government agency (such as a county or city) the deadline is much shorter. There are also certain situations that may change the time limit in your case. For instance, if you were exposed to harmful substances or suffered medical negligence The statute of limitations could begin when you discover or should have discovered, that your injuries were caused by negligence. In Fort Worth injury lawyers of limitations may be tolled for minors. If you file a personal injury claim after the time limit has expired the defendant will most likely point this out to the court and ask for the dismissal of your lawsuit. In this scenario, the court will dismiss your claim without hearing. It is important to consult a personal injury lawyer immediately to discuss your case and determine if you are eligible to file a legal claim. Complaint A complaint is a formal legal document that is filed by a party who alleges a cause for action and demands the judicial remedy. The complaint should also state the type of compensation that the plaintiff seeks. The defendant is then required to respond within a specific timeframe. In general the case, a defendant will reject the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. In most cases, personal injury claims are based on actual bodily injury. Your lawyer will ensure that you get paid for the medical bills you are currently paying and any future expenses. These include things like medication or home care, as well as physical therapy. In addition, you can claim compensation for any loss in quality of life caused by your injuries. This includes things such as the inability to drive, sleep or walk normally. This type of damage is known as pain and suffering. The court will set up a preliminary conference when the complaint has been filed. The court will schedule any mandatory oral or physical examinations as well as the production of any documents. Following the conference your lawyer will draft the Bill of Particulars. This is a thorough description of your injuries. It will include all of your losses which include the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life and any other damages that are not monetary that you're seeking. If your case is found to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files the complaint with a court and sends a copy of the document to the defendant by certified or registered mail within a specified time frame. The defendant must respond, or else risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. This may include photos of your injuries, medical bills and lost wages. It also contains details about the incident and the manner in which the defendant is accountable for the harm you suffered. During the middle phase of a lawsuit, referred to as “discovery” the parties has the opportunity to ask questions and look over evidence presented by the other party. The defendant's representatives will need to have complete information before making settlement offers, and your attorney will play an important role in negotiations during this phase. Your lawyer can also request to have you examined by a doctor they select in relation to the damages or injuries you're seeking. If you don't take part, the judge may dismiss your case or order that you pay the defendant for their examination costs. After a discovery and inspection, attorneys on both sides may file a document 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 set a trial date. During the trial the jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't accountable and the jury decides to deny your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm from accidents, such as 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 the early stages of your case the lawyer will investigate the accident to determine what occurred and the extent of your damages. Then, he will negotiate with the insurance company. Your attorney will stay in contact with you regarding any significant developments and negotiations throughout the process. After negotiations are unsuccessful the lawyer will file a formal complaint in court against defendant. A Complaint, which is the first official document filed in a civil suit, identifies all parties, details the incident and alleges wrongdoing. It also requests compensation. The complaint must be personally served, which means that it must be physically handed to the defendant. This usually takes one month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant admits to the allegations in the Complaint or refuses to acknowledge them. In this phase your lawyer could provide medical records, documents as well as other evidence to prove your case. The lawyer representing the defendant will respond to these documents and then the two sides will begin further negotiations. If the parties are unable to come to an agreement, mediation or arbitration may be required before your case can go to trial. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any businesses that have liens on your award from a special escrow fund before issuing you the check.