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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these situations, the defendant is usually the one at fault. The plaintiff is usually the injured party. Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury case the court awards them money to pay for damages. The funds may be awarded as an amount in one lump sum or spread out over a time period or as part of an agreed settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are measurable costs that can be itemized like medical bills and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keep a journal to document 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, pain levels throughout the day as well as mental anxiety and your ability to perform activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is most common when a business or person acts with criminal intent, fraud or gross negligence. The court can also give punitive damages to discourage others from acting in a similar way. The defendants are served with a summons along with a complaint after the lawsuit has been filed. They are then required to file a response which is also known as an answer, within 30 days. Usually, defendants deny the allegations in the complaint. After the answer has been filed, the case enters an investigation known as discovery. The parties will share information and evidence during this phase and may even conduct depositions. This is the stage that accounts for the majority of the time in the timeline of a personal injury lawsuit. 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 speak with an attorney who specializes in personal injury to discuss your case early even if not sure if the accident occurred within the timeframe. A statute of limitations is a law of the state that sets a deadline on the amount of time you must file an injury lawsuit. In most states, the statute of limitations runs on the date of the accident or incident which caused your injuries. The deadline to file a lawsuit for personal injuries also varies depending on the individual you are suing. If you are suing an entity that is a part of the municipal government (such as a county or city) the deadline will be shorter. Additionally, there are certain situations that could alter the statute of limitations in your situation. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain cases the statute of limitations can be tolled for minors. If you make an injury claim after the statute of limitation has expired the defendant will likely tell the court about this and ask that your lawsuit be dismissed. If this occurs, the court will summarily dismiss your claim without a hearing. That's why it is important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a legal formal document filed by a plaintiff which alleges a cause of action and demands the judicial remedy. The complaint should also define the type of relief the plaintiff seeks. The defendant is then required to respond within a set time period. In general the case, a defendant will deny the claim. If the defendant fails to respond, default judgment can be made in favor of the petitioner. Most personal injury claims involve actual bodily harm. Your lawyer will ensure that you are compensated both for medical bills currently incurred as well as any future expenses. These include things like medication or home care, as well as physical therapy. You may also be able to claim any loss in your quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of damage is referred to as pain and suffering. If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to plan obligatory oral and physical examinations, as well as any document production. After the conference your lawyer will draft an Bill of Particulars. It is a comprehensive account of your injuries. It will include all of your losses including the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will also describe the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other damages that are not monetary you're seeking. If Indianapolis injury attorneys is found to have probable cause your case will be scheduled for a public hearing. If your complaint is dismissed due to a determination of no probable reason or because the court is not in authority, 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 through certified or registered mail within a certain timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries suffered by you in greater depth. This may include photos of your injuries, medical expenses and lost wages. The document also contains details regarding the accident and why you think the defendant is responsible for the damage. During the middle part of a lawsuit called “discovery,” each party gets to ask questions and inspect evidence held by the other party. Your lawyer will be 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 ask that you undergo an examination by any doctor they choose in relation to the injuries and damages you're claiming. If you don't show up, 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 may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then determine a trial date. During the trial, a jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is at fault, the jury may award you damages. If the defendant isn't responsible 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) as well as physical injuries from accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical such as pain and discomfort and loss of companionship. Your lawyer will conduct research regarding your accident in the beginning stages of the case to determine the exact nature and severity of your injuries. Then, he will work with the insurance company of the at-fault company. Your lawyer will stay in touch with you on any significant developments and discussions throughout the process. After negotiations have failed and your lawyer has to submit a formal complaint to the court against the defendant. A complaint, the first official document of a civil suit, identifies all parties, describes the incident, and claims that there was wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. It usually takes about one month. After service, the defendant has 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. In this phase your lawyer will submit medical records, documents as well as other evidence to prove your case. The defendant's attorney will then reply to these documents, and then the two sides will begin negotiations. If the parties are unable to come to an agreement, mediation or arbitration may be required before a trial can take place. A significant number of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer has to pay any companies with lien on the settlement through a specific escrow account before he or they can issue an official check.