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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. These lawsuits typically involve a person who is at the fault (defendant) and an injured party referred to as the plaintiff. Your attorney will review your medical records and other documents 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 When a plaintiff wins an injury lawsuit, the courts award them money to cover their losses. The funds can be awarded in one 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: general and special. Special damages are expenses that can be itemized and are measurable like medical expenses and lost wages. General damages are more difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment. Keep Cicero injury attorneys in which you can record how your injuries affected your life. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to perform things you once took for granted. In a lot of personal injury cases, more than one defendants are at fault. This is most common when a business or individual is guilty of fraud, criminal intent and gross negligence. The court may also give punitive damages to discourage others from committing the same way. The defendants receive a summons with an accusation once a lawsuit is filed. The defendants are required to submit a response (also called an answering) within 30 days. Usually, the defendants deny the allegations in the complaint. Once the answer is filed the case will move to the process of fact-finding, also known as discovery. This is the time when both parties will exchange relevant information and evidence, which includes taking depositions under the oath. This is where you will find the majority of time in a personal injury lawsuit timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you will lose your right to receive damages. This is why it's important to talk to a personal injury lawyer about your case as early as possible, even if you are not sure if the incident occurred before the deadline. A statute of limitations is a law of the state that establishes a deadline for filing an action. In many states, a statute of limitations starts on the date on which the accident or incident caused your injuries. The deadline for filing a personal injury lawsuit also depends on the person you're seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as city or county) the deadline will be shorter. Additionally, there are certain situations which could change the statute of limitations in your situation. For instance, if were exposed to toxic substances or suffered medical malpractice the time limit may begin when you discover or should have realized that your injuries were the result of negligence. In some cases the statute of limitations can be tolled for minors. If you file a personal injury claim after the time limit has expired the defendant will most likely inform the court and request your lawsuit to be dismissed. In this case the court will dismiss your claim in a hurry without hearing. This is why it's crucial to consult an experienced personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document filed by a person who declares an action, and a demand for legal relief. The complaint should also define the type of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a specified timeframe. A defendant is likely to decline to respond. If the defendant does not respond, a default judgment could be made in favor of the petitioner. Most personal injury claims are based on actual bodily injury. Physical injuries can be very expensive, and your attorney will work to ensure that you are compensated for any existing medical bills, as well as any future expenses you anticipate. This includes things like medications as well as home care and physical therapy. You can also claim any loss in quality of life caused by your injury. This includes things like being unable to walk, drive, or sleep normally. This type of damage is known as pain and suffering. The court will set up the preliminary conference after the complaint is filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. After the conference, your lawyer will prepare an Bill of Particulars. This is a detailed report of your injuries. This will include the losses you have suffered including your future and current medical expenses as well as lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other damages not monetary you are seeking. If the case is deemed to have probable cause the case will be scheduled for public hearing. If your complaint is rejected due to a finding of no probable cause or because the court lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via registered or certified mail within a certain timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. This could include photos of your injuries, medical expenses and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for your injuries. In the middle of a lawsuit, also known as “discovery”, each party has the opportunity to ask questions and look over evidence provided by the opposing party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, and your attorney will play an important role in negotiations during this time. Your lawyer can also ask to have you examined by a doctor they select in relation to the injuries or damages you're claiming. If you fail to attend, the judge may dismiss your case or order that you pay the defendant their examination costs. After the discovery and inspection, attorneys from 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 set an appointment date for the trial. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you suffered. If the defendant is at fault the jury could award you damages. If the defendant isn't accountable, the jury will deny your claim. Trial A personal injury case involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. In addition, lawsuits may also be filed over non-physical injuries like suffering and pain, as well as loss of companionship. Your lawyer will conduct research on your accident in the initial stages of the investigation to determine the exact cause and the extent of your injuries. Then, he will work with the insurance company. Your lawyer will keep you up-to date on any negotiations and significant developments throughout this process. Once negotiations have failed the lawyer will make a formal complaint to court against the defendant. A Complaint is the initial official document in a civil suit that names the parties, explains the incident, alleges wrongdoing, and requests compensation. The complaint must be personally served which means it must be handed over physically to the defendant. It typically takes a month. Once service is complete the defendant has to “answer” the Complaint within a set date, which is usually 30 days. The answer will explain whether the defendant denies or acknowledges the allegations contained in the Complaint. In this phase your lawyer could provide medical records, documents and other evidence to back your case. The defendant's attorney will respond to these documents, and then the two sides will begin further negotiations. If the parties can't come to an agreement, mediation or arbitration could be required prior to a trial can take place. However, a significant percentage of personal injury cases settle out of court. After a settlement has been reached, your lawyer has to pay any companies that have lien on the settlement out of a separate escrow account before he or she will write you a check.