How Personal Injury Lawsuits Work

A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These lawsuits typically involve a person 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 documents to determine the extent of your injuries, expenses and damages. This will help them prepare and negotiate with the insurance company on behalf of you.

Damages

If a plaintiff is successful in a personal injury case the judge awards the plaintiff money to pay damages. These funds may be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be itemized, such as medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of life are more difficult to quantify.

Keep a journal to document how your injuries impacted you. This increases your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the effect on your relationships, daily pain levels, mental anguish and your ability to do things you once took for granted.

In many personal injury cases, multiple defendants are at fault. This is most common when a business or individual commits criminal intent, fraud or gross negligence. The court may also award punitive damage to discourage others from doing the same thing.


The defendants will receive an order with a complaint after the lawsuit has been filed. They will then be required to respond which is also known as an answer, within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer is filed, the case will enter an investigation stage, known as discovery. This is when both parties will exchange relevant information and evidence, as well as taking depositions under the 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 file a lawsuit for injury after the statute of limitation expires, it's likely that you will lose your right to receive damages. It is important to consult an attorney for personal injuries as soon as possible, even if you're not certain if the incident occurred before the timeframe.

A statute of limitation is a law in a state that provides a time frame for filing an action. In most states the statute of limitations runs at the time of the accident or incident which caused your injuries. The time limit for filing a lawsuit for injury also depends on who you are 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 will be much shorter.

There are also certain situations which could change the statute of limitations in your case. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In certain cases minors are not subject to the statute of limitations.

If you file an injury claim after the time limit has expired the defendant will most likely inform the court and ask for your lawsuit to be dismissed. In this case the court will decide to dismiss your claim in a hurry without hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your situation and determine if you have an official claim.

Complaint

A complaint is an official legal document filed by a person who asserts a cause of action and seeks judicial relief. The complaint should also define the type of compensation that the plaintiff seeks. The defendant must then respond within a set timeframe. The defendant is usually able to decline to respond. If the defendant does not respond, a default judgment may be granted for the petitioner.

In the majority of cases, personal injury claims can result in bodily injury. Your lawyer will ensure that you get paid for your current medical bills and any future costs. These costs include medical expenses or home care as well as physical therapy. You can also claim for any loss in your quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. Everett injury lawsuits of damages is known as pain and suffering.

If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to schedule mandatory physical and oral examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses, including the costs of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also describe the possible emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you're seeking. If the case is found to have probable cause, your case will be scheduled for a public hearing. If the complaint is dismissed because of a ruling 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 starts with the issue of a summons. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via certified or registered post within a specified time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which describes the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical bills and lost wages. It may also include details of the accident and what the defendant is responsible for the harm you suffered.

In the middle of a lawsuit, referred to as "discovery" in which each party is given the chance to ask questions and look over evidence held by the opposing party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney will play an important role in negotiations during this time.

Your lawyer can also ask that you undergo an examination by the doctor of their choice in regard to the injuries and damages you're claiming. If you fail to attend, the judge could dismiss your case, or demand that you pay the defendant for the costs of their examination.

After the discovery and inspection process is completed, the lawyers on both sides may file something called 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 a trial date. During the trial, the jury will decide if the defendant is responsible for the accident and the injuries you sustained. If the defendant is to blame and the jury awards you damages. If the defendant isn't responsible, the jury will deny your claim.

Trial

A personal injury claim involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. In addition, lawsuits may also be filed to address physical injuries, such as the suffering of others and loss of companionship.

In the early stages of your case the lawyer will investigate the accident to determine what happened and the magnitude of your losses. The lawyer will then negotiate with the insurance company of the party at fault. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments during this process.

After negotiations have failed and your lawyer has to file a formal complaint in 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 that it must be physically handed to the defendant. This usually takes around a month. After service, the defendant has 30 days to "answer" the Complaint.

The answer will tell you if the defendant denies or accepts the allegations contained in the Complaint. During this time your lawyer will be able to submit documents, medical records and other evidence to support of your case. The attorney representing the defendant will then respond to these documents and the two sides will start further negotiations.

If the parties are not able to reach an agreement the mediation or arbitration process could be required prior to your case is put to trial. However, a large percentage of personal injury cases settle out of court. When a settlement is reached, your lawyer has to pay any companies that have liens on the monetary settlement out of a separate account in escrow before he/ she will write you an official check.