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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these instances the defendant is usually the one responsible for the incident. The plaintiff is typically the victim. Your lawyer will review all medical records along with other documentation, to determine the full extent and cost of your injuries and damage. This will assist them in preparing and negotiate with the insurance company on behalf of you. Damages If a plaintiff is successful in a personal injury case the court will award the plaintiff a sum of money to cover damages. The funds may be awarded as lump sums or spread over a period of time or as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are measurable costs that can be categorized, such as medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment, are more difficult to quantify. Keep a diary to record the way your injuries affected your life. This increases your chances 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 impact your ability to participate in the activities you used to take for taken for granted. In many personal injury cases, multiple defendants are at fault. This is the most frequent scenario when a business or person acts with criminal intent, fraud or gross negligence. The court can also make punitive damages in order to discourage others from committing the same manner. When a lawsuit is filed the defendants will be served with a summons and complaint. The defendants must provide a response (also called an answer) within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer has been filed, the case moves to an investigation known as discovery. Both parties will exchange information and evidence during this phase, including taking depositions. This phase takes up the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it's likely that you will lose your right to receive damages. That's why it's crucial to speak with a personal injury lawyer about your case early on even if you're not sure if the incident happened within the deadline. A statute of limitations is a state law which establishes a deadline for filing a lawsuit. In most states the statute of limitations begins on the date that the accident or incident caused your injuries. The time frame for filing an injury lawsuit also depends on the party you are seeking to sue. If you want to sue an entity of municipal government (such as city or county) the deadline will be shorter. Additionally there are certain circumstances that can change the statute of limitations in your particular case. For instance, if were exposed to toxic 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 instances, the statute of limitations can be tolled for minors. If you submit an injury claim after the statute of limitation has expired, your defendant will likely inform the court of this and request that your lawsuit be dismissed. In this instance, the court will dismiss your claim summarily without hearing. It is essential to contact a personal injury lawyer immediately to discuss your case and determine if you have a legal claim. Complaint A complaint is a legal document filed by a plaintiff which alleges an actionable cause and demands legal relief. The complaint must also specify the type of relief the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. In general the case, a defendant will deny the claim. If the defendant does not respond to the claim, a default judgment could be granted for the petitioner. Personal injury claims are usually caused by bodily injury. Your lawyer will ensure that you are compensated both for your current medical bills as well as any future expenses. Atlanta injury attorneys include medications as well as home care and physical therapy. You can also claim for any loss of quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This type of damage is referred to as pain and suffering. The court will schedule an initial conference once 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 a Bill of Particulars. This is a detailed account of your injuries. It will include all your losses, including the costs of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also describe the alleged emotional distress or disfigurement, loss of enjoyment of life, and any other non-monetary damages you're seeking. If the case is deemed to have probable cause, your case will be scheduled for a public hearing. If your complaint is dismissed due to a finding of no probable cause or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant via registered or certified 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 a Bill of Particulars that outlines the damages and injuries suffered by you in greater specific detail. It could include photographs of your injuries, medical bills and lost wages. The document also contains details about the incident and how you believe the defendant is accountable for the damage. In the middle of a lawsuit, referred to as “discovery”, each party has the opportunity to ask questions and examine evidence held by the opposing party. The defendant's representatives will need to have complete information before making settlement offers, and your attorney will play an important role in negotiations during this stage. Your lawyer can also ask to have you examined by a physician they select in connection with the damages or injuries you're claiming. If you do not attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs. After a discovery and inspection, attorneys on both sides can file a form 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 determine a trial date. During the trial, a jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is liable, the jury will award you damages. If the defendant is not liable and the jury decides to deny your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander), and physical harm from accidents like car crashes and falls. A lawsuit may also be filed for physical injuries, such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the early stages of the case to determine the exact cause and the extent of your injuries. He or she will then engage with the insurance company of the party at fault. Your attorney will stay in touch with you about any significant developments and negotiations throughout the process. Once negotiations have failed and your lawyer has to submit a formal complaint to the court against the defendant. A Complaint, which is the first official document filed in a civil suit, lists all parties, outlines the incident, and claims that there was wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. This usually takes approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer explains whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. During this stage your lawyer could submit documents, medical records and other evidence to support your argument. The defendant's lawyer will submit an answer to these documents and the two parties will continue to negotiate. If the parties are not able to reach a settlement, mediation or arbitration may be required before your case can go to trial. However, a significant percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer has to pay any companies that have lien on the money settlement out of a separate account in escrow before he/ will issue you an official check.