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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. In these cases, the defendant is usually the one responsible for the incident. The plaintiff is usually the injured party. Your lawyer will review all of your medical records along with other documentation, in order to determine the full extent and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury claim, the court awards the plaintiff money to pay damages. The funds may be awarded as a lump sum or spread over a period of time or as part of the settlement is structured. These funds are also known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those that can be categorized and are measurable 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 diary of the way your injuries have affected you your chance of winning the maximum amount of compensation for non-economic damages. These include the effects on your relationships, your daily pain levels and bouts of mental anxiety, and how your injuries impact your ability to participate in activities you once took for granted. In a lot of personal injury cases, multiple defendants are responsible. This is most common when an individual or business commits the most blatant negligence, fraud and criminal motives. The court can also make punitive damages in order to discourage others from acting in the same way. The defendants will receive a summons along with an accusation once a lawsuit is filed. They are then required to submit a response which is also known as an answer within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer is filed, the case moves to an investigation known as discovery. This is where the parties exchange pertinent information and evidence, including taking depositions under the oath. Lexington injury lawsuit takes up the majority of the personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you'll lose the right to damages. That's why it's crucial to consult an attorney for personal injury about your case as early as possible even if not sure if the incident happened within the deadline. A statute of limitations is a law in a state that sets a time limit on how long you have to bring a lawsuit for injury. In the majority of states, a statute of limitations starts on the date that the accident or incident led to your injuries. The deadline for filing a personal injury lawsuit also varies depending on the individual you are seeking to sue. For instance, if are seeking to sue a municipal government agency (such as a county or city) the deadline is significantly shorter. In addition there are certain circumstances that could alter the statute of limitations in your situation. For instance, if were exposed to harmful substances or suffered medical negligence The time limit may begin when you discover or should have discovered, that your injuries were caused by negligence. In some cases, minors are exempt from the statute of limitations. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely inform the court and ask for the dismissal of your lawsuit. If this occurs, the court could summarily dismiss your claim without a hearing. This is why it's important to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document that is filed by a person who claims a cause of action and demands judicial relief. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant must then respond within a specified time frame. A defendant will usually reject the claim. If the defendant fails to respond, a default judgment could be made in favor of the petitioner. In the majority of cases, personal injury claims are based on actual bodily harm. Your lawyer will ensure that you get paid for the medical bills you are currently paying and any future expenses. These include things like medication, home care and physical therapy. You can also claim for any loss in your quality of life that is caused by your injury. This includes things such as the inability to walk, sleep or drive normally. This kind of damage is known as pain and suffering. The court will schedule an initial conference once the complaint has been filed. The court will schedule any mandatory oral or physical examinations, and also the production of any documents. Following the conference, your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered including the cost of your current and future medical expenses, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life and any other non-monetary damages that you're seeking. If your case is determined to be probable cause you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable reason or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant through certified or registered mail within a specified timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photos 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 harm. In the middle of a lawsuit called “discovery,” each party gets to ask questions and examine evidence that is held by the other party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, and your attorney plays a significant role in negotiations during this phase. Your lawyer can also request that you undergo an examination by any doctor they choose in relation to the damages and injuries you're seeking. If you do not attend, the judge could dismiss your case or require that you pay the defendant for the costs of their examination. After discovery and inspection have been completed, lawyers on both sides may file something called an “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then set the date for the trial. During the trial the jury will decide if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not accountable, the jury will deny your claim. Trial A personal injury lawsuit can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over physical injuries, such as suffering and pain, as well as loss of companionship. Your lawyer will conduct research on the accident during the initial stages of the case to determine the exact cause and extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your attorney will keep in touch with you about any significant developments and negotiations throughout the process. After negotiations have failed the lawyer will make a formal complaint to the court against the defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, describes the incident, claims that there was wrongdoing and demands compensation. The complaint must be served personally which means it must be handed over physically to the defendant. It typically takes approximately a month. Once service is complete, the defendant must “answer” the Complaint within a specified date, which is usually 30 days. The answer explains whether the defendant admits to the allegations made in the Complaint or denies them. During this stage your lawyer will submit documents, medical records and other evidence to support your case. The defendant's attorney will respond to these documents and the two sides will begin further negotiations. If the parties cannot reach an agreement, mediation or arbitration may be required before trial can begin. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any companies with liens on your monetary award from a special escrow fund before issuing you an actual check.