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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 who is who is at fault. The plaintiff is typically the victim. Your attorney will review all of your medical records and other documentation, in order to determine the totality 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 case the courts award them money to pay for their damages. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are costs that can be categorized and are measurable, such as medical expenses and lost wages. General damages are difficult to place a dollar value on, such as pain and suffering and loss of enjoyment of life. Keep a journal to document how your injuries impacted your life. This increases your chances of receiving maximum compensation for any non-economic losses. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to perform activities you used to take for granted. In a majority of personal injury cases, more than one defendants are accountable. This is the most frequent scenario when a business or person commits fraud, criminal intent, and gross negligence. The court may also give punitive damages to discourage others from acting in a similar manner. The defendants are served with 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 deny the allegations made in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will exchange information and evidence during this stage including depositions. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out the statute of limitations will expire and you'll likely lose the right to claim damages. It is essential to speak with a personal injury attorney as soon as you can, even if you're not sure whether the accident occurred before the deadline. A statute of limitations is a law in a state that sets a deadline for filing a lawsuit. In most states the statute of limitations begins on the date of the incident or accident which caused your injuries. The deadline to file a personal injury lawsuit is dependent on the person you're seeking to sue. If you want to sue an entity that is a part of the municipal government (such as the city or county) the deadline is shorter. There are other situations that could alter the statute of limitations in your situation. For instance, if were exposed to harmful substances or a victim of medical negligence the statute of limitations could begin when you realize or should have discovered, that your injuries were the result of negligence. In certain cases, the statute of limitations may be tolled for minors. If you file a personal injury claim after the time limit has expired the defendant will most likely point this out to the court and request your lawsuit to be dismissed. In this case the court will dismiss your claim in a hurry without hearing. It is crucial to speak with an attorney who specializes in personal injury as soon as you can to discuss your case to determine if you have a legal claim. Complaint A complaint is a legal formal document filed by a plaintiff that declares an action and demands judicial relief. The complaint must also specify the kind of compensation the plaintiff is seeking. Dallas injury lawyers is then required to respond within a specific timeframe. A defendant will usually decline to respond. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor. In most cases, personal injury claims are based on actual bodily injury. Your attorney will make sure that you are compensated both for medical bills currently incurred and any future expenses. These include things like medication or home care, as well as physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes things such as the inability to walk, drive, or sleep normally. This type of damage is known as suffering and pain. When a complaint is filed, the court will hold a preliminary meeting to plan the mandatory oral and physical examinations, as well as any document production. After the conference your lawyer will draft a Bill of Particulars. It will provide a full description of your injuries. This will include your losses including your current and future medical costs, lost wages and property damage. Your lawyer will also outline the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you seek. If your case is deemed to be a probable cause you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable reason or because the court does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit begins 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 by registered or certified mail within a certain time frame. The defendant has to respond, or they risk a default judgement against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in more specific detail. This could include photos of your injuries, medical expenses and lost wages. The document will also contain information about the incident and how you think the defendant is accountable for the injury. During the middle phase of a lawsuit, called “discovery” the parties is able to ask questions and examine evidence held by the other party. Your lawyer will be crucial in this stage of negotiations because the defendant's representatives want complete information before they make settlement offers. Your lawyer may also request that you undergo an examination by any doctor they choose in relation to the injuries and damages you're seeking. If you do not attend, the court could dismiss your case. Or, they may require that you pay for the defendant's examination costs. After a discovery and inspection, attorneys on both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared for trial. The judge will then schedule the trial. During the trial, a jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is liable and the jury awards you damages. If the defendant isn't accountable, the jury will deny your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) and physical injury from accidents, such as car crashes and falls. A lawsuit could also be filed for non-physical injuries, such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct an investigation regarding your accident in the initial stages of the investigation to determine the exact nature and severity of your injuries. Then, he or she will negotiate with the insurance company of the at-fault company. Your lawyer will keep you up-to date on any negotiations and significant developments throughout this process. After negotiations don't work, your lawyer will file an official complaint in a court against the defendant. A complaint, the first official document of a civil suit, lists all parties, outlines 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 physically delivered to the defendant. This usually takes approximately a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or admits the allegations made in the Complaint. In this stage your lawyer will be able to submit medical records, documents and other evidence to support of your case. The lawyer representing the defendant will submit a response to these documents, and the two sides will engage in further negotiations. If the parties can't reach an agreement, then mediation or arbitration could be required before the trial can be held. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any businesses that have lien on your monetary award through a specialized account before distributing an actual check.