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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. The cases typically involve a party who is at fault (defendant) and an injured party referred to as the plaintiff. Your attorney will examine your medical records and other documentation to determine the extent of your injuries, the costs and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury case, the judge gives them money to pay for damages. These funds may 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: general and special. Special damages are the ones that can be quantified that can be itemized for medical expenses and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment, are more difficult to quantify. Writing down how your injuries have affected you can help improve your chance of winning the most money for damages that are not economic. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete things you used to take for granted. In many personal injury cases, more than one defendants are accountable. This is most common when a business or individual commits criminal intent, fraud, and gross negligence. Las Vegas injury lawsuits can also award punitive damages to deter others from committing the same manner. After a lawsuit has been filed and the defendants are served with a summons and complaint. They are then required to respond or answer, within 30 days. Usually, the defendants deny the allegations in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. This is when the parties exchange pertinent information and evidence, which includes depositions under oath. This stage accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is possible that you'll lose the right to 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 incident happened within the deadline. A statute of limitations is a law in a state that sets a time limit on the amount of time you must bring a lawsuit for injury. In many states, a statute of limitations starts on the date that the accident or incident led to your injuries. The time limit for filing a lawsuit for injury also depends on who you are seeking to sue. For instance, if are seeking to sue a municipal government entity (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. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations can begin when you discover or ought to have known that your injuries are the result of negligence. In some cases the statute of limitations is tolled for minors. If you make an injury claim after the statute of limitations has expired, your defendant will likely tell the court about this and request to dismiss your claim. In this scenario the court will decide to dismiss your claim without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is an official legal document filed by a party that alleges a cause for action and demands legal relief. The complaint should also define the type of compensation that the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. A defendant is likely to decline to respond. If the defendant fails to respond to the claim, a default judgment could be granted for the petitioner. In most cases, personal injury claims can result in bodily harm. Your lawyer will ensure that you get paid for the medical bills you are currently paying and any future expenses. These expenses include medication or home care as well as physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes things like being unable to walk, sleep or drive normally. This type of damage is known as pain and suffering. When a complaint is made and the court is notified, they will hold a preliminary conference to schedule mandatory physical and oral examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. It is a comprehensive report 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 outline the possible emotional distress, disfigurement, loss of enjoyment of life, and any other damages that are not monetary you're seeking. If your case is determined to be a probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable reason or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff submits a complaint to the court and sends the defendant a copy via registered or certified mail within a specified time. The defendant has to respond or risk a default judgement against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries sustained by you in greater detail. It could include photos of your injuries, medical bills and lost wages. It also contains details about the accident and what the defendant is responsible for the harm you suffered. During the middle part of a lawsuit, also known as “discovery,” each party gets to ask questions and look over the evidence of the other party. Your attorney is crucial in this phase of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer can also request to have you examined by a doctor they choose for the damages or injuries you're seeking. If you fail to attend, the judge may dismiss your case or order that you pay the defendant for the costs of their examination. After the discovery and inspection, attorneys on both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then decide on the trial. During the trial the jury will decide if the defendant is at fault for the accident and injuries. If the defendant is to blame, the jury may award you damages. If the defendant is not accountable, the jury will reject your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries like the suffering of others and loss of companionship. In the early stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand the cause of the incident and the extent of your losses. Then, he will negotiate with the insurance company. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments during this process. After negotiations are unsuccessful the lawyer will file a formal complaint in the court against defendant. A complaint, the first official document in a civil suit, lists all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The complaint must be personally served, which means that it must be delivered physically to the defendant. It usually takes about a month. After service, the defendant will have 30 days to “answer” the Complaint. The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this phase your lawyer will submit documents, medical records as well as other evidence to prove your case. The attorney representing the defendant will respond to these documents and the two sides will begin negotiations. If the parties are not able to reach an agreement the mediation or arbitration process could be required before your case is put to trial. However, a large percentage of personal injury cases settle out of court. After a settlement has been reached, your lawyer has to pay any companies that have lien on the award out of a special account in escrow before he/ she will write you an official check.