How Personal Injury Lawsuits Work

Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these cases, the defendant is usually the one at fault. The plaintiff is usually the party who is injured.

Your attorney will review your medical records and other documentation to determine the extent of your injuries, costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.

Damages

If a plaintiff is successful in a personal injury lawsuit, the courts award them money to cover their losses. These funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be itemized for medical expenses and lost earnings. General damages are more difficult to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment.

Keep a journal to document how your injuries affected you. This will increase your chance of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to complete things you once took for granted.

In many personal injury cases, more than one defendants are at fault. This is most common when an individual or business acts with gross negligence, fraud, and criminal intent. The court may also award punitive damages to deter others from committing the same manner.

The defendants are served with an order with a complaint after the lawsuit has been filed. The defendants must provide a response (also called an answer) within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. This is where the parties exchange pertinent information and evidence, including taking depositions under oath. This stage accounts for the majority of time in the timeline of personal injury lawsuits.

Statute of limitations

If you make a claim for injury after the statute of limitation expires, it is possible that you will lose the right to damages. It is important to consult an attorney in personal injury whenever you can even if you're not certain if the incident occurred before the timeframe.


A statute of limitation is a law of the state that provides a time frame for filing a lawsuit. In the majority of states the statute of limitations starts on the date of the incident or incident led to your injuries. The time frame for filing an injury lawsuit also depends on who you are seeking to sue. For instance, if want to sue a municipal government agency (such as a county or city), the deadline is shorter.

In addition there are certain circumstances that could alter the statute of limitations in your particular case. For instance, if you were exposed to harmful substances or a victim of medical malpractice the statute of limitations could begin when you discover or should have discovered, that your injuries were caused by negligence. In some cases the statute of limitations may be tolled for minors.

If you make a claim for injury after the statute of limitations has expired the defendant will likely inform the court of this and ask that your lawsuit be dismissed. In this instance the court will decide to dismiss your claim in a hurry without hearing. It is crucial to speak with an attorney who specializes in personal injury as soon as possible to discuss your case and determine if you have an official claim.

Complaint

A complaint is a legal formal document filed by a person who declares an action and demands legal relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant is then required to respond within a specific time frame. In general the case, a defendant will reject the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner.

In the majority of cases, personal injury claims are based on actual bodily injury. Physical injuries can be extremely costly, and your attorney will work to ensure that you get paid for any existing medical bills as well as any future costs that are anticipated. These include things like medication as well as home care and physical therapy. You may also be able to claim any loss in quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of damage is known as pain and suffering.

The court will call a preliminary conference when a complaint has been filed. The court will schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then prepare a Bill of Particulars. This is a thorough account of your injuries. It will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will also detail the alleged emotional distress and disfigurement, the loss of enjoyment of life and any other damages that are not monetary you're seeking. If the case is deemed to be probable cause the case will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision.

Summons

The formal lawsuit begins with a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a specific time frame. The defendant must respond, or they risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries sustained by you in more depth. It could include photos of your injuries, medical bills, and lost wages. It also contains details about the incident and the manner in which the defendant is accountable for your harm.

In the middle of a lawsuit called "discovery," each party has the opportunity to ask questions and inspect evidence held by the other party. The defendant's representatives will want to have complete information before making settlement offers, so your attorney plays a significant role in negotiations during this stage.

Your lawyer can also request that you be examined by the doctor of their choice regarding the damages and injuries you're claiming. 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 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 ready to go to trial. The judge will then set a trial date. During the trial, a jury will determine if the defendant is responsible for the accident and injuries. If the defendant is to blame and the jury awards you damages. If the defendant isn't at fault, the jury will reject your claim.

Trial

Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury from accidents like car crashes and falls. In addition, lawsuits may also be filed over non-physical injuries like the suffering of others and loss of companionship.

In the beginning of your case, your lawyer will research your accident in order to fully comprehend what happened and the magnitude of your damages. The lawyer will then engage with the insurance company of the party who is at fault. Your lawyer will keep you up-to the minute on any negotiations or important developments throughout the process.

After negotiations have failed, your lawyer will file a formal complaint in the court against the defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, argues for wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. This usually takes a month. Once service is complete, the defendant must "answer" the Complaint within a specific date, which is usually 30 days.

North Charleston injury attorneys will reveal whether the defendant denies or acknowledges the allegations made in the Complaint. In this phase, your lawyer may submit medical records, documents and other evidence to back your argument. The attorney representing the defendant will then respond to these documents, and then the two sides will start further negotiations.

If the parties can't come to an agreement, mediation or arbitration may be required before trial can begin. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any companies that have liens on your award through a specialized money escrow before distributing an actual check.