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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 lawsuits typically involve a person at fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will review your medical records and other documentation, to determine the totality and cost of your injuries and damage. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins in a personal injury lawsuit, the judge will award the plaintiff a sum of money to cover damages. These funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are measurable costs that can be itemized for medical expenses and lost earnings. General damages are difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keep a diary to record how your injuries affected you. This will increase your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to complete things you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when a person or business commits the most blatant negligence, fraud and criminal motives. The court may also award punitive damage to deter other people from acting in the same way. After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants must provide a response (also known as an answering) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. The parties will share information and evidence during this phase including depositions. This stage takes up the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitations has expired you could lose the right to collect damages. It is crucial to speak with an attorney in personal injury whenever you can even if you're unsure certain if the incident occurred before the timeframe. A statute of limitations is a law of the state which sets a time frame on how long you must bring a lawsuit for injury. In the majority of states the statute of limitations begins the date on which the accident or incident caused your injuries. The deadline for filing an injury lawsuit also depends on who you are suing. For instance, if want to sue a municipal 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 particular case. If you have been exposed to 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 certain instances minors are not subject to the statute of limitation. If you file a claim for injury after the statute of limitation has expired, your defendant will likely tell the court about this and request that your lawsuit be dismissed. In this instance, the court will dismiss your claim summarily without hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your situation and determine if you can make an official claim. Complaint A complaint is a legal formal document filed by a plaintiff that asserts a cause of action and demands judicial relief. The complaint must also state what kind of compensation the plaintiff seeks. The defendant is then required to respond within a specified time frame. In general the case, a defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner. In most cases, personal injury claims involve actual bodily harm. Your attorney will make sure that you are compensated both for your current medical bills as well as any future expenses. These expenses include medication or home care as well as physical therapy. You can also claim for any loss in your quality of life caused by your injury. This includes the inability to sleep, drive or walk 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 prepare a Bill of Particulars. It is a comprehensive report of your injuries. It will include your losses including your future and current medical costs, lost wages and property damage. Your lawyer will also describe the possible emotional distress or disfigurement, loss of enjoyment of life, and any other non-monetary damages you seek. If the case is determined to have probable cause the case will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable cause or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant by registered or certified mail within a specific time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. This could include photos of your injuries, medical expenses and lost wages. It may also include details of the accident and what the defendant is accountable for your injuries. In the middle of a lawsuit, called “discovery” in which each party is given the chance to ask questions and look over evidence held by the other party. Your lawyer will be crucial in this stage of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer may also request to have you examined by a physician they select in relation to the injuries or damages you're claiming. If you don't show up, the court may dismiss your case. Or, they may require that you pay for the doctor's examination costs. After the discovery and inspection process is completed, attorneys on each side can submit a document referred to as the “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then determine a trial date. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not accountable and the jury denies your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit could also be filed for injuries that are not physical like discomfort and pain and loss of companionship. Your lawyer will conduct research on your accident in the beginning stages of the case to determine the exact cause and extent of your injuries. Then, he or she will work with the at-fault party's insurance company. Your attorney will keep you up-to date on any negotiations and important developments throughout the process. If negotiations are unsuccessful, your lawyer will file a formal complaint in the court against defendant. Kansas City injury attorneys , which is the first official document of a civil suit, identifies all parties, describes the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be personally served, which means that it must be delivered physically 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. During this phase, your lawyer can provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will submit an answer to these documents and the two sides will continue to negotiate. If the parties are not able to reach an agreement, mediation or arbitration may be required before your case can go to trial. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any businesses that have liens on your award through a specialized escrow fund before issuing you the check.