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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. These cases often involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff. 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 If a plaintiff is successful in a personal injury case, the judge awards them money to pay for damages. The funds may be awarded in lump sums or spread out over a time period in a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be itemized for medical expenses and lost earnings. General damages are more difficult to place a dollar value on, such as pain and suffering and loss of enjoyment of life. Keeping a journal detailing how your injuries have affected your chances of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental anguish and how injuries affect your ability to participate in activities you once took for granted. In many personal injury lawsuits there are multiple defendants. This is the most frequent scenario when a business or person commits fraud, criminal intent and gross negligence. The court may also make punitive damages in order to discourage others from acting in the same manner. After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants must respond (also called an answer) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case moves to an investigation known as discovery. This is the time when both parties will exchange relevant information and evidence, which includes taking depositions under the oath. This is where you will find the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you'll lose your right to receive damages. That's why it's crucial to consult an attorney who specializes in personal injury to discuss your case early on even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a law in a state that sets a deadline on the time you have to file an injury lawsuit. In many states, the statute of limitations starts with the date of the incident or accident which caused your injuries. The deadline for filing a lawsuit for injury also depends on the party you are seeking to sue. If you are suing an entity of municipal government (such as a county or city), the deadline will be much shorter. There are other situations that may change the statute of limitation in your particular case. For instance, if were exposed to toxic substances or suffered medical malpractice, the statute of limitations could begin when you discover or should have realized, that your injuries were caused by negligence. In some cases, the statute of limitations is tolled for minors. If you file an injury claim after the statute of limitations has expired the defendant will likely inform the court of this and request to dismiss your claim. In this instance the court will decide to dismiss your claim without hearing. It is crucial to speak with an attorney for personal injuries as soon as possible to discuss your case to determine if you can make a legal claim. Complaint A complaint is a legal formal document filed by a plaintiff that declares a cause of action and demands judicial relief. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. The defendant is usually able to deny the claim. If the defendant fails to respond, a default judgment may be made in favor of the petitioner. Most personal injury claims are based on actual bodily injury. Physical injuries can be very expensive, and your attorney will ensure that you receive compensation for any current medical bills, as well as any future expenses you anticipate. These expenses include medication or home care as well as physical therapy. You can also claim for any loss in quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This type of damage is known as pain and suffering. The court will call an initial conference once a complaint has been filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. After the conference, your lawyer will prepare the Bill of Particulars. This is a thorough 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 detail any emotional distress, disfigurement, or loss of enjoyment in your life, as well as any other damages that are not monetary that you're seeking. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy via certified or registered post within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries sustained by you 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 harm. During the middle part of a lawsuit called “discovery,” each party gets to ask questions and examine evidence held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, so your attorney will play an important role in negotiations during this time. Your lawyer can also request to have you examined by a doctor they choose in connection with the injuries or damages you're seeking. If you don't attend, the court may dismiss your case. Or order that you pay for the defendant's examination costs. After discovery and inspection, attorneys from both sides can file a form called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then decide on the trial. During the trial the jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't accountable then the jury will deny your claim. Trial A personal injury lawsuit involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries such as pain and suffering and loss of companionship. Your lawyer will conduct research on the accident during the initial stages of the case to determine the precise cause and extent of your injuries. The lawyer will then engage with the insurance company of the party who is at fault. Your attorney will keep you up to the minute on any negotiations or important developments throughout the process. After negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A complaint, the first official document filed in civil lawsuits, names all parties, describes the incident and lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. It typically takes one month. After service has been completed and the defendant is required to “answer” the Complaint within a specified date, which is usually 30 days. The answer will reveal whether the defendant denies or admits the allegations made in the Complaint. During this phase, your lawyer can provide medical records, documents as well as other evidence in support of your case. Kansas City injury lawyers representing the defendant will respond to these documents, and then the two sides will start further negotiations. If the parties are not able to reach an agreement, mediation or arbitration may be required prior to your case goes to trial. However, a large percentage of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award through a specialized escrow fund before issuing you a check.