How Personal Injury Lawsuits Work

A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These lawsuits typically involve a person at fault (defendant) and an injured party, referred to as the plaintiff.

Your lawyer will review all of your medical records, as well as other documentation, in order to determine the totality and cost of your injuries and damage. This will assist them in preparing and negotiate with the insurance company on behalf of you.

Damages

If a plaintiff prevails in a personal injury lawsuit, the courts award them money to cover their losses. These funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are expenses which can be listed and are measurable for example, medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of living, are more difficult to quantify.

Keep a diary of how your injuries have affected your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, pain levels throughout the day as well as mental anxiety and your ability to perform things you used to take for granted.

In many personal injury lawsuits there are multiple defendants. This is the most frequent scenario when a business or individual is guilty of 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 will be required to provide a response (also called an answer) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed, the case is moved to a stage of fact-finding known as discovery. Both parties will exchange information and evidence in this stage including depositions. This is the majority of a personal injury timeline.

Statute of limitations

If you file a lawsuit claiming injury after the statute of limitations has expired, you will likely lose the right to collect damages. This is why it's important to talk to an attorney who specializes in personal injury to discuss your case as early as possible even if you're not sure if the accident occurred within the timeframe.

A statute of limitations is a law of the state which sets a time frame on the amount of time you have to file an injury lawsuit. In the majority of states, the statute of limitations starts at the time of the incident or accident which caused your injuries. The deadline for filing a lawsuit for personal injury is dependent on the individual you are suing. For example, if you would like to sue a local government agency (such as a city or county), the deadline is much shorter.

Additionally there are certain circumstances that could alter the statute of limitations in your case. For example, if you were exposed to harmful substances or a victim of medical malpractice the statute of limitations may start when you realize or ought to have realized that your injuries were the result of negligence. In certain instances minors are not subject to the statute of limitations.

If you file an injury claim after the statute of limitation has expired Your defendant is likely to inform the court of this and ask that your case be dismissed. If this happens, the court will dismiss your claim on the spot without hearing. It is important to consult an attorney who specializes in personal injury as soon as possible to discuss your case to determine if you can make an official claim.

Complaint

A complaint is a formal legal document filed by a plaintiff which alleges an action, and a demand for the judicial remedy. The complaint should also state the kind of compensation the plaintiff seeks. The defendant is then required to respond within a specified time frame. A defendant is likely 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 harm. Your lawyer will ensure that you get paid for your current medical bills and any future costs. These expenses include medications, home care, and physical therapy. You may also be able to claim any loss in your quality of life resulted from your injury. This includes things like being unable to walk, sleep or drive normally. This type of damage is known as suffering and pain.

The court will schedule a preliminary conference when the complaint has been filed. The court will schedule any mandatory oral or physical examinations, as well as the production of any documents. After the conference your lawyer will draft the Bill of Particulars. It is a comprehensive report of your injuries. It will include all the losses you have suffered which include the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will also outline the alleged emotional distress or disfigurement, loss of enjoyment of life and any other non-monetary damages you're seeking. If your case is found to be a probable cause you will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court does not have authority, you can appeal the decision.

Summons

The formal lawsuit process begins with a summons and complaint. The plaintiff file the complaint with a court and sends a copy of the document to the defendant by registered or certified mail within a specific time frame. Columbus injury attorney You Tube must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which details the injuries and damages you've suffered more fully. It may include photographs of your injuries, medical bills and lost wages. The document also contains details about the accident and how you think the defendant is responsible for the injury.

In the middle of a lawsuit, referred to as "discovery", each party is given the chance to ask questions and review evidence held by the opposing party. Your lawyer will be crucial in this phase of negotiations as the representatives of the defendant want to have complete information before they make settlement offers.

Your lawyer may also request that you be examined by a doctor of their choosing in relation to the injuries and damages you're seeking. If you don't attend, the court could dismiss your case. Or, they may require that you pay for the defendant's exam costs.

After the discovery and inspection process is completed, lawyers on each side can submit a document referred to as the "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 on a trial. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you sustained. If the defendant is responsible and the jury awards you damages. If the defendant isn't liable and the jury decides to deny your claim.

Trial

Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) and physical injury from accidents, such as car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries like the suffering of others and loss of companionship.

In the beginning of your case, your lawyer will research the accident to determine the cause of the incident and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party at the fault. Your lawyer will keep you informed and up to the minute on any negotiations or important developments throughout the process.

If negotiations fail, your lawyer will make a formal complaint to 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 complaint must be personally served which means it must be handed over physically to the defendant. It typically takes one month. After service, the defendant will have 30 days to "answer" the Complaint.

The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. During this time, your lawyer can submit medical records, documents and other evidence to support of your case. The defendant's attorney will respond to these documents and then the two sides will start further negotiations.

If the parties are unable to reach a settlement, mediation or arbitration may be required prior to your case can go to trial. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any company that have liens on your award from a special account before distributing the check.