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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these situations the defendant is typically the person who is at fault. The plaintiff is usually the injured party. Your lawyer will go through your medical records and other documentation 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 courts award them funds to pay for their damages. The funds may be awarded as a lump sum or spread out over a period of time, as part if an agreed settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be categorized for medical expenses and lost earnings. General damages are difficult to place a dollar value on, such as the suffering and pain, and the loss of enjoyment of life. Keep a diary of how your injuries have affected the odds of obtaining the most money for damages that are not economic. This includes the effect on your relationships, daily pain levels, mental anguish and your ability to complete activities you used to take for granted. In many personal injury cases, more than one defendants are at fault. This is especially true when a person or business is guilty of criminal intent, fraud and gross negligence. The court may also award punitive damages to deter others from committing the same manner. When a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to file a response which is also known as an answer within 30 days. Typically, the defendants will contest the allegations made in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, as well as depositions under the oath. This is the majority of a personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it is likely that you will lose the right to damages. It is crucial to speak with an attorney for personal injuries whenever you can even if you're not certain whether the incident occurred before the deadline. A statute of limitations is a state law which provides a time frame for filing lawsuits. In most states the statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline for filing a personal injury lawsuit also depends on the person you're suing. If you are suing an entity that is a part of the municipal government (such as city or county), the deadline will be shorter. Additionally there are certain circumstances that could alter the statute of limitations in your particular case. For instance, if were exposed to toxic substances or suffered medical negligence The statute of limitations may start when you discover or should have discovered, that your injuries were caused by negligence. In certain instances minors are not subject to the statute of limitation. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely inform the court and request your lawsuit to be dismissed. If this occurs, the court will summarily dismiss your claim without hearing. It is important to consult a personal injury lawyer as soon as possible to discuss your situation and determine if you have a legal claim. Complaint A complaint is a formal legal document filed by a plaintiff which asserts an actionable cause, and a demand for judicial relief. The complaint should also state the type of relief the plaintiff is seeking. The defendant is then obliged to respond within a certain time frame. The defendant is usually able to deny the claim. If the defendant fails to respond, default judgment can be granted to the petitioner's behalf. Most personal injury claims are based on actual bodily injury. Your lawyer will ensure that you are compensated both for your current medical bills and any future expenses. These expenses include medications or home care as well as physical therapy. You may also be able to claim any loss in quality of life that is resulted from your injury. This includes things like the inability to walk, sleep or drive normally. This type of damages is known as suffering and pain. The court will set up a preliminary conference when a complaint has been filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. Your lawyer will then draft the Bill of Particulars. This is a thorough description of your injuries. It will include all the losses you have suffered which include the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also outline the possible emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you're seeking. If the case is determined to be probable cause, your 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 doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant via registered or certified mail within a specified time frame. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in more specific detail. It may include photographs of your injuries, medical bills, and lost wages. The document also contains details regarding the accident and why you believe the defendant is responsible for the harm. In the middle of a lawsuit, also known as “discovery,” each party gets to ask questions and examine evidence held by the other party. Your attorney is crucial in this stage of negotiations as the representatives of the defendants want complete information before they make settlement offers. Your lawyer may also request that you be examined by any doctor they choose in relation to the damages and injuries you're claiming. If you don't attend, the court may dismiss your case. Or order that you pay for the defendant's examination costs. After a 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 to go to trial. The judge will then set the date for the trial. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is at fault, the jury may award you damages. If the defendant is not at fault, the jury will reject your claim. Trial Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit can also be filed for physical injuries such as pain and discomfort and loss of companionship. Your lawyer will conduct research on the accident during the initial stages of the investigation to determine the exact nature and severity of your injuries. He or she will then negotiate with the insurance company of the party who is at fault. Your attorney will keep you up to current 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 first official document in a civil lawsuit. It identifies the parties, describes the incident, argues for wrongdoing, and requests compensation. The complaint must be personally served which means it must be delivered physically to the defendant. It usually takes about one month. After service is completed, the defendant must “answer” the Complaint within a specified time, which is usually 30 days. The answer will tell you if the defendant denies or acknowledges the allegations contained in the Complaint. During this phase, your lawyer can provide medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will then respond to these documents and the two sides will start discussions. If Jacksonville injury lawsuit can't reach an agreement, mediation or arbitration may be required before a trial can take place. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award from a special account before distributing a check.