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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. These cases often involve a person at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through your medical records and other documents to understand the full extent of your injuries, the costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury lawsuit the judge gives the plaintiff a sum of money to cover damages. These funds can be awarded in one lump sum or distributed 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 expenses that can be itemized and are measurable for example, medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keep a journal in which you can record how your injuries affected your life. This increases your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anguish, and how your injuries impact your ability to take part in activities you once took for granted. In many personal injury lawsuits there are many defendants. This is particularly true when a person or business acts with gross negligence, fraud, and criminal intent. The court can also award punitive damages to discourage others from acting in the same way. After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants must provide a response (also known as an answering) within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed, the case moves to an investigation known as discovery. This is where both parties will share relevant information and evidence, including taking depositions under oath. This is the majority of a personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations has expired, you will likely lose your right to recover damages. It is essential to speak with an attorney in personal injury as soon as you can even if you're not certain whether the incident occurred before the timeframe. A statute of limitations is a state law that sets a time limit on how long you can file an injury lawsuit. In the majority of states the statute of limitations begins at the time of the accident or incident that led to your injuries. The deadline for filing a lawsuit for injury also depends on who you are suing. If you intend to sue an entity of municipal government (such as city or county) the deadline will be much shorter. There are also certain situations which could change the statute of limitations in your situation. If you were exposed toxic substances or were the victim of medical malpractice, for example 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 minors are not subject to the statute of limitation. If you submit an injury claim after the statute of limitation has expired Your defendant is likely to inform the court about this and request that your case be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without 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 valid legal claim. Complaint A complaint is a formal legal document filed by a plaintiff that alleges a cause of action, and a demand for legal relief. The complaint should also state the type of relief the plaintiff seeks. The defendant is then obliged to respond within a certain timeframe. In general, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgement may be granted for the petitioner. Everett injury attorneys are usually founded on bodily injury. Physical injuries can be very costly, and your attorney will work to ensure 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. You may also be able to claim any loss in quality of life caused by your injury. This includes things like being unable to walk, drive, or sleep normally. This kind of damage is known as pain and suffering. The court will schedule the preliminary conference after the complaint has been filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. After the conference your lawyer will draft an Bill of Particulars. It is a thorough description of your injuries. This will include your losses including your future and current medical expenses loss of wages, as well as property damage. Your lawyer will also outline the possible emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you're seeking. If the case is deemed to be a probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause, or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff file a complaint with the court and sends the defendant a copy by certified or registered post within a specific time. The defendant has to respond, or else risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. It may include photographs of your injuries, medical bills, and lost wages. It also contains details about the accident and what the defendant is accountable for your injuries. In the middle of a lawsuit, also known as “discovery” the parties is able to ask questions and examine evidence provided by the other party. Your attorney will be important during this stage of negotiations because the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also request to have you examined by a physician they select in relation to the damages or injuries you're claiming. If you don't attend, the judge may dismiss your case, or demand that you pay the defendant the cost of their examination. Once discovery and inspection are completed, attorneys on both sides can file something called the “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then set the date for the trial. During the trial the jury will determine if the defendant is responsible for the accident and injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't 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 like car crashes and falls. A lawsuit may also be filed for non-physical injuries such as discomfort and pain, as well as loss of companionship. In the beginning of your case the lawyer will investigate the accident to determine what happened and the magnitude of your losses. Then, he will negotiate with the insurance company. Your lawyer will keep you up to current on any negotiations and significant developments throughout this process. After negotiations have failed the lawyer will submit a formal complaint to court against the defendant. A Complaint is the initial official document in a civil suit that names the parties, explains the incident, alleges wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. It typically takes one month. After service has been completed, the defendant must “answer” the Complaint within a specific time, which is usually 30 days. The answer will reveal whether the defendant denies or accepts the allegations made in the Complaint. At this point your lawyer could submit documents, medical records and other evidence to support your argument. The lawyer representing the defendant will submit an answer to these documents, and the two sides will engage in further negotiations. If the parties are unable to come to an agreement, mediation or arbitration could be required before the trial can be held. However, a substantial portion of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any companies with lien on the money settlement through a specific account for escrow before he or she will write you a check.