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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. In these instances the defendant is typically the one who is at fault. The plaintiff is usually the victim. Your lawyer will review all medical records and other documents, to determine the totality and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury claim, the judge will award the plaintiff a sum of money to cover damages. The money can be awarded as a lump sum or spread over a period of time in the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be itemized for medical expenses and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment are more difficult to quantify. Writing down the way your injuries have affected you your chances of obtaining the most money for damages that are not economic. This includes the impact on your relationships, your daily pain levels and bouts of mental anguish, and how your injuries affect your ability to engage in the activities you used to take for taken for granted. In a majority of personal injury cases, more than one defendants are at fault. This is especially true when a person or business commits fraud, criminal intent, and gross negligence. The court may also award punitive damages to discourage others from doing the same thing. The defendants are served with a summons with a complaint after a lawsuit is filed. The defendants must respond (also called an answering) within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer has been filed, the case enters a stage of fact-finding known as discovery. The parties will exchange information and evidence in this stage, including taking depositions. This is where you will find the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations runs out the statute of limitations will expire and you'll likely lose the right to claim damages. That's why it's crucial to talk to an attorney for personal injury about your case early even if you're not certain if the incident occurred within the timeframe. A statute of limitation is a law in a state that establishes a deadline for filing an action. In many states, the statute of limitations starts at the time of the incident or accident that led to your injuries. The deadline for filing an injury lawsuit also depends on who you are suing. For instance, if you would like to sue a local government agency (such as a county or city), the deadline is shorter. In addition there are certain circumstances that could alter the statute of limitations in your case. For example, if you were exposed to harmful substances or suffered medical malpractice The statute of limitations may start when you realize or should have realized, that your injuries were caused by negligence. In certain instances minors are not subject to the statute of limitation. If you submit a claim for injury after the statute of limitations has expired the defendant will likely tell the court about this and request to dismiss your claim. If this occurs, the court will dismiss your claim on the spot without hearing. It is important to consult a personal injury lawyer immediately to discuss your situation and determine if you are eligible to file a legal claim. Complaint A complaint is an official legal document filed by a person who asserts a cause of action and demands the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specified time period. In general the case, a defendant will reject the claim. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf. Most personal injury claims can result in bodily injury. Your lawyer will ensure that you are compensated both for your current medical bills and any future expenses. This includes things like medications, home care and physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes things like being unable to walk, sleep or drive normally. This kind of injury is referred to as pain and suffering. The court will set up the preliminary conference after a complaint has been filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then draft the 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 outline any emotional distress, disfigurement, or loss of enjoyment in your life and any other damages not monetary you are seeking. If the case is determined to be probable cause your case will be scheduled for a public hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a certain time frame. The defendant must respond, or they risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills and lost wages. The document also includes information about the incident and how you believe the defendant is responsible for the harm. In the middle of a lawsuit, also known as “discovery” in which each party is given the chance to ask questions and review evidence provided by the opposing party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, and your attorney will play a crucial role in negotiations during this time. Your lawyer can also ask that you undergo an examination by the doctor of their choice in regard to the damages and injuries you're claiming. If you do not attend, the judge may dismiss your case or require that you pay the defendant the costs of their examination. After the discovery and inspection process is completed, attorneys on both sides may file a document known as an “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then decide a trial date. During the trial the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is responsible for the accident, the jury will award you damages. If the defendant isn't liable then the jury will deny your claim. Trial Personal injury claims can cover a broad range injuries, such as wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents like car crashes and falls. A lawsuit may also be filed for physical injuries like discomfort and pain, as well as loss of companionship. Your lawyer will conduct a thorough investigation on the accident during the early stages of the investigation to determine the exact cause and extent of your injuries. Then, he will work with the at-fault party's insurance company. Your lawyer will stay in touch with you about any significant developments and will also negotiate throughout the entire process. After negotiations have failed and your lawyer has to make a formal complaint to court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. Federal Way must be personally served with the complaint, which is to say it must be delivered physically to him or her. It usually takes about a month. Once service is complete and the defendant is required to “answer” the Complaint within a specific time frame, which is typically 30 days. The answer will reveal whether the defendant denies or admits the allegations made in the Complaint. During this time your lawyer will be able to submit documents, medical records as well as other evidence in support of your case. The lawyer for the defendant will provide a response to these documents and the two sides will then engage in further discussions. If the parties cannot come to an agreement, mediation or arbitration could be required before a trial can take place. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have liens on your award from a special account before distributing the check.