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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these situations the defendant is typically the one who is at fault. The plaintiff is usually the party who is injured. Your attorney will examine your medical records and other documents to determine the extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury lawsuit the courts award them money to pay for their damages. The 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 costs which can be listed and quantifiable like medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment are more difficult to quantify. Keep a journal to document the way your injuries affected you. This will increase your chance of receiving the maximum amount of compensation for any non-economic losses. These include the effects on your relationships, your daily pain levels and bouts of mental anxiety and how your injuries affect your ability to engage in activities that you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or an individual commits the most blatant negligence, fraud and criminal motives. The court may also award punitive damages to deter others from acting in a similar way. The defendants will receive a summons along with a complaint after a lawsuit has been filed. The defendants will be required to submit a response (also called an answering) within 30 days. Usually, the defendants will deny 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 taking depositions. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out you could lose your right to recover damages. That's why it's crucial to consult a personal injury lawyer about your case early on even if not sure if the incident occurred within the timeframe. A statute of limitations is a state law which sets a time frame on how long you can bring a lawsuit for injury. In most states the statute of limitations begins the date on which the accident or incident led to your injuries. The time limit for filing an injury lawsuit also depends on the party you are suing. If you are suing an entity that is a part of the municipal government (such as the city or county) the deadline will be much shorter. Additionally there are certain circumstances that can change the statute of limitations in your case. For example, if you were exposed to toxic substances or suffered medical malpractice the time limit may begin when you realize or should have realized, that your injuries were caused by negligence. In certain instances minors are exempt from the statute of limitations. If you file an injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and request the dismissal of your lawsuit. In this scenario the court will dismiss your claim without hearing. Montgomery injury attorney is why it's crucial to speak with a seasoned 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 formal legal document filed by a plaintiff which declares an action and demands the judicial remedy. The complaint must also specify the type of relief the plaintiff is seeking. The defendant must then respond within a certain time frame. A defendant will usually deny the claim. If the defendant does not respond to the claim, a default judgment could be granted in favor of the petitioner. Most personal injury claims involve actual bodily harm. Physical injuries can be extremely costly, and your attorney will work to ensure you get paid for any existing medical bills, as well as any future expenses you anticipate. These costs include medical expenses as well as home care and physical therapy. You can also claim for any loss in your quality of life caused by your injury. This includes things like the inability to walk, drive, or sleep normally. This kind of injury is called pain and suffering. The court will set up an initial conference once a complaint has been filed. This will be used to schedule any required physical or oral examinations, as well as the production of any documents. Following the conference, your lawyer will prepare the Bill of Particulars. It is a comprehensive description of your injuries. It will include all the losses you have suffered including the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life, as well as any other non-monetary damages that you're seeking. If the case is found to have probable cause your case will be scheduled for a public hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal process of a lawsuit begins with a summons and complaint. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via 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 injuries attorney will file an Bill of Particulars that outlines the damages and injuries suffered by you in greater depth. It may include photographs of your injuries, medical bills and lost wages. The document also contains details about the accident and how you believe the defendant is responsible for the damage. In the middle of a lawsuit called “discovery,” each party is allowed to ask questions and inspect the evidence of the other party. The defendant's representatives will want to have all the facts before making settlement offers, so your attorney will play an important role in negotiations during this time. Your lawyer can also ask to have you examined by a physician they select for the damages or injuries you're claiming. If you don't attend, the judge could dismiss your case, or demand that you pay the defendant for the cost of their examination. Once discovery and inspection are completed, the lawyers on both sides can file a document known as an “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then decide an appointment date for the trial. During the trial the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not accountable and the jury denies your claim. Trial A personal injury claim involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries such as pain and suffering and loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the initial stages of the investigation to determine the exact nature and severity of your injuries. Then, he will work with the insurance company. Your attorney will keep you up-to current on any negotiations and significant developments throughout this process. After negotiations are unsuccessful the lawyer will file an official complaint in a court against the defendant. A Complaint is the initial official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. This usually takes around a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or admits the allegations in the Complaint. During this time your lawyer may provide medical records, documents as well as other evidence in support of your case. The defendant's lawyer will submit a response to these documents, and the two sides will engage in further negotiations. If the parties are not able 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. After a settlement has been reached, your lawyer must pay any businesses that have lien on the award out of a special escrow account before he or will issue you an official check.