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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. These lawsuits typically involve a person at the fault (defendant) and an injured party known as the plaintiff. Your attorney will review your medical records and other documents to understand the full extent of your injuries, the 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 distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are those which can be listed and quantifiable, such as medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment of life, are more difficult to quantify. Keep a diary to record how your injuries affected your life. This will increase your chance of receiving the most compensation for the non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental stress, and how your injuries affect your ability to engage in activities that you used to take for granted. In a lot of personal injury cases, more than one defendants are responsible. This is most common when a person or business acts with reckless negligence, fraud, and criminal motives. The court may also award punitive damage to deter other people from acting in the same way. The defendants receive a summons with an accusation once a lawsuit is filed. The defendants must submit a response (also called an answering) within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed, the case moves to a stage of fact-finding known as discovery. This is where the parties exchange pertinent information and evidence, including depositions under the oath. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations expires you could lose the right to collect damages. This is why it's important to speak with a personal injury lawyer about your case as early as possible even if not sure if the accident occurred before the deadline. A statute of limitation is a law of the state that establishes a deadline for filing an action. In the majority of states the statute of limitations starts with the date of the accident or incident that caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you are seeking to sue. If Passaic injury lawsuits intend to sue an entity of municipal government (such as a county or city), the deadline is shorter. There are also certain situations which could change the statute of limitation in your particular case. For instance, if were exposed to harmful substances or suffered medical malpractice, the statute of limitations may start when you discover or should have realized, that your injuries were caused by negligence. In certain cases minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and request your lawsuit to be dismissed. In this scenario the court will decide to dismiss your claim summarily without a hearing. This is why it's important to consult an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a legal formal document filed by a person who declares a cause of action and demands the judicial remedy. The complaint should also define the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified time frame. The defendant is usually able to 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 are based on actual bodily injury. Your lawyer will ensure that you receive compensation for medical bills currently incurred and any future expenses. This includes things like medications as well as home care and physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as pain and suffering. If a complaint is filed, the court will hold a preliminary conference to plan obligatory oral and physical examinations as well as any document production. After the conference, your lawyer will prepare the Bill of Particulars. This is a detailed account of your injuries. It will include your losses including your current and future medical expenses as well as lost wages and property damage. Your lawyer will also describe the possible emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you seek. If the case is found to have probable cause the case will be scheduled for public hearing. If the complaint is dismissed because 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 starts with the issue of a summons. The plaintiff files the complaint with a court and sends a copy of the document to the defendant via certified or registered mail within a certain timeframe. The defendant must respond, or else risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in more depth. It could include photos of your injuries, medical bills, and lost wages. It may also include details of the accident and how the defendant is responsible for your harm. In the middle of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and examine the evidence of the other 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 stage. 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 order that you pay for the doctor's examination costs. After the discovery and inspection, attorneys on both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then schedule a 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 responsible, the jury will award you damages. If the defendant is not at fault and the jury decides to deny your claim. Trial A personal injury lawsuit involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like pain and suffering and loss of companionship. Your lawyer will conduct a thorough investigation on your accident in the beginning stages of the investigation to determine the exact nature and severity of your injuries. Then, he will negotiate with the insurance company. Your lawyer will keep you informed and up to date on any negotiations and significant developments throughout this process. Once negotiations have failed and your lawyer has to make a formal complaint to court against the defendant. A Complaint, the first official document of civil lawsuits, names all parties, describes the incident and alleges wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. It usually takes about approximately a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or admits the allegations made in the Complaint. During this stage your lawyer could provide medical records, documents as well as other evidence to prove your case. The attorney representing the defendant will then reply to these documents and the two sides will begin negotiations. If the parties are not able to reach a settlement and mediation or arbitration might be required prior to your case is put to trial. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any company that have liens on your award through a specialized money escrow before distributing the check.