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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these cases, the defendant is usually the one who is at fault. The plaintiff is typically the victim. Your lawyer will review your medical records and other documents, to determine the totality and cost of your injuries and the damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins in a personal injury claim, the court awards the plaintiff money to pay damages. The funds may be awarded as an amount in one lump sum or spread over a period of time, as part if an agreed settlement. Turlock injury attorneys You Tube are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized like medical bills and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of life, are more difficult to quantify. Keep a journal to document the way your injuries affected your life. This will increase your chance of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anxiety and how your injuries affect your ability to take part in activities that you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is particularly true when a business or an individual commits the most blatant negligence, fraud and criminal intent. The court may also award punitive damage to discourage others from acting in the same way. The defendants are served with a summons along with an accusation once a lawsuit is filed. The defendants must provide a response (also known as an answering) within 30 days. Typically, defendants not deny the allegations contained in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. This is the time when both parties will exchange relevant information and evidence, including taking depositions under oath. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out the statute of limitations will expire and you'll likely lose your right to recover damages. This is why it's important to speak with a personal injury lawyer about your case early even if not certain if the incident occurred before the deadline. A statute of limitations is a law in a state which sets a time frame on the time you have to bring a lawsuit for injury. In many states the statute of limitations begins the date that the accident or incident caused your injuries. The time limit for filing an injury lawsuit also depends on the party you are suing. If you want to sue an entity of municipal government (such as a county or city) the deadline will be shorter. There are other situations which could change the statute of limitations in your situation. For example, if you were exposed to harmful substances or suffered medical malpractice, the statute of limitations may start when you discover, or reasonably should have discovered, that your injuries were caused by negligence. In certain instances, minors are exempt from the statute of limitations. If you file a personal injury claim after the statute of limitations has expired the defendant will most likely inform the court and request the case to be dismissed. In this instance, the court will dismiss your claim summarily without hearing. It is important to consult an attorney for personal injuries 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 plaintiff which alleges a cause of action, and a demand for judicial relief. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a set time period. In general, a defendant will reject the claim. If the defendant does not respond to the claim, a default judgment could be entered in favor of the petitioner. Most personal injury claims are based on actual bodily injury. Physical injuries can be very costly, and your attorney will work to ensure that you receive compensation for any current medical bills, as well as any anticipated future expenses. These include things like medication as well as home care and physical therapy. In addition, you can 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 damage is referred to as pain and suffering. The court will call the preliminary conference after a complaint has been filed to schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will prepare an Bill of Particulars. It will provide a full description of your injuries. It will include your losses including your future and current medical expenses loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in life and any other damages that are not monetary that you are seeking. If your case is found to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff file a complaint with the court and sends the defendant a copy via certified or registered post within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the injuries and damages suffered by you in greater detail. It could include photos of your injuries, medical bills, and lost wages. The document also includes information about the incident and how you believe the defendant is responsible for the damage. During the middle phase of a lawsuit, also known as “discovery” in which each party is able to ask questions and examine evidence provided by the opposing party. Your attorney is crucial in this phase of negotiations as the defendant's representatives want full information before making settlement offers. Your lawyer can also ask to have you examined by a doctor they choose in relation to the damages or injuries you're seeking. If you fail to show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After a discovery and inspection, attorneys on both sides can file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then set the date for the trial. During the trial the jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is to blame the jury could award you damages. If the defendant is not at fault then the jury will deny your claim. Trial A personal injury case involves a wide range of injuries, including wrongful death; 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 over non-physical injuries such as pain and suffering and loss of companionship. In the initial stages of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your losses. The lawyer will then negotiate with the insurance company of the party who is at the fault. Your lawyer will keep you informed and up to current on any negotiations and significant developments throughout this process. If negotiations are unsuccessful, your lawyer will file a formal complaint in the court against defendant. A complaint, the first official document filed in a civil suit, lists all parties, outlines the incident and alleges wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. It usually takes about one month. After service has been completed the defendant has to “answer” the Complaint within a specified time, which is usually 30 days. The answer explains whether the defendant admits to the allegations in the Complaint or denies them. During this time your lawyer may provide medical records, documents and other evidence to support of your case. The lawyer representing the defendant will submit an answer to these documents, and the two sides will then engage in further discussions. If the parties are unable to reach an agreement, mediation or arbitration could be required prior to trial can begin. A significant number of personal injury cases are settled out of court. When a settlement is reached, your lawyer has to pay any companies that have liens on the monetary settlement through a specific account in escrow before he/ will issue you an official check.