How Personal Injury Lawsuits Work

Personal injury lawsuits are civil disputes involving compensation for injuries or losses. These lawsuits typically involve a person who is at fault (defendant) and an injured party, referred to as the plaintiff.

Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will help them prepare and negotiate with the insurance company on behalf of you.

Damages

When a plaintiff wins an injury lawsuit the courts award them money to pay for their damages. These funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are those that can be categorized and quantifiable like medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment, are more difficult to quantify.

Keep a journal to document how your injuries impacted your life. This will increase your chance of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anguish, and how your injuries affect your ability to participate in activities you once took for granted.

In many personal injury lawsuits, there are multiple defendants. This is especially common when a person or business acts with the most blatant negligence, fraud and criminal intent. The court can also award punitive damages to deter other people from engaging in the same manner.

The defendants will receive an order with a complaint once a lawsuit has been filed. They will then be required to file a response or answer within 30 days. Typically, defendants contest the allegations made in the complaint. Once the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. This is when both parties will exchange relevant information and evidence, which includes depositions under an oath. This is the stage that accounts for the majority of the 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 will lose your right to receive damages. It is crucial to speak with a personal injury attorney whenever you can, even if you're not certain whether the incident occurred before the timeframe.

A statute of limitations is a law of the state that sets a deadline for filing an action. In many states the statute of limitations begins on the date of the accident or incident which caused your injuries. The deadline to file a personal injury lawsuit also depends on the person you are suing. For example, if you are seeking to sue a municipal government agency (such as a county or city) the deadline is much shorter.

There are certain circumstances that may change the statute of limitation in your case. For instance, if were exposed to toxic substances or suffered medical malpractice, the statute of limitations may start when you discover or ought to have realized that your injuries were the result of negligence. In certain instances minors are not subject to the statute of limitation.

If you file an injury claim after the statute of limitations has expired, your defendant will likely inform the court of this and request to dismiss your claim. If this occurs, the court will dismiss your claim on the spot without hearing. It is essential to contact an attorney who specializes in personal injury immediately to discuss your case to determine if you can make a legal claim.

Complaint

A complaint is a formal legal document that is filed by a party who claims a cause of action and seeks legal relief. The complaint should also state the kind of compensation the plaintiff seeks. The defendant is then required to respond within a certain timeframe. In general the case, a defendant will deny the claim. If the defendant does not respond to the claim, a default judgment could be granted in favor of the petitioner.

In the majority of cases, personal injury claims involve actual bodily injury. Physical injuries can be expensive, and your lawyer will ensure that you receive compensation for any current medical bills as well as any anticipated future expenses. These include things like medication as well as 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 like the inability to drive, sleep or walk normally. This type of damages is known as pain and suffering.

When a complaint is filed and the court is notified, they will hold a preliminary meeting to set the date for mandatory physical and oral examinations, as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a thorough account of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical expenses, lost earnings and property damage. Your lawyer will also describe the grievous emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. 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 doesn't have jurisdiction, you are able to appeal the decision.

Summons

The formal lawsuit process begins with a summons and a complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant through certified or registered mail within a certain timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the damages and injuries you've sustained more fully. This could include photos of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is responsible for your injuries.

During the middle phase of a lawsuit, referred to as "discovery" the parties has the opportunity to ask questions and examine evidence presented by the opposing party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, therefore your attorney plays a significant role in negotiations during this stage.

Your lawyer can also request to see you by a physician they select in relation to the damages or injuries you're seeking. If you fail to take part, the judge may dismiss your case or order that you pay the defendant for the cost of their examination.

After discovery and inspection, attorneys on both sides may file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is prepared to go to trial. The judge will then determine the trial date. During the trial the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is at fault and the jury awards you damages. If You Tube is not accountable and the jury decides to deny your claim.

Trial

Personal injury claims can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander) and physical injury from accidents, such as car crashes and falls. A lawsuit could also be filed for physical injuries, such as discomfort and pain and loss of companionship.

In the initial stages of your case, your lawyer will research your accident to fully understand the cause of the incident and the extent of your injuries. He or she will then engage with the insurance company of the party at the fault. Your attorney will keep you up-to date on any negotiations and important developments throughout the process.


After negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A complaint, the first official document filed in a civil suit, lists all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be personally served, which means that it must be physically handed to the defendant. This usually takes around one month. After service, the defendant is given 30 days to "answer" the Complaint.

The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. In this stage your lawyer may provide medical records, documents and other evidence to support of your case. The lawyer representing the defendant will then reply to these documents, and then the two sides will begin discussions.

If the parties are unable to reach an agreement, mediation or arbitration could be required prior to trial can begin. However, a substantial portion of personal injury cases settle out of court. Your lawyer must first pay any company with liens on your monetary award from a specific escrow fund before issuing you an actual check.