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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. The cases typically involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will go through 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 with the insurance company on behalf of you. Damages When a plaintiff wins a personal injury lawsuit, the courts award them money to cover their losses. These funds can be awarded as an amount in one 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: general and special. Special damages are expenses that can be categorized and are measurable, such as medical expenses and lost wages. General damages are harder to put a dollar amount on, such as suffering and suffering, as well as loss of enjoyment of life. Writing down how your injuries have affected you can help improve the odds of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to complete things you once took for granted. In many personal injury lawsuits there are many defendants. This is most common when a business or an individual commits reckless negligence, fraud, and criminal intent. The court may also give punitive damages to discourage others from acting in the same way. Once a lawsuit is filed, the defendants will receive a summons and complaint. They must file a response, also known as an answer, within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer is filed the case will move to the process of fact-finding, also known as discovery. This is when both parties will share relevant information and evidence, as well as taking depositions under an oath. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you will lose the right to damages. That's why it is important to consult an attorney for personal injury about your case early on, even if you are not sure if the accident occurred within the timeframe. A statute of limitations is a law of the state which sets a time frame on the amount of time you have to make an injury lawsuit. In many states, the statute of limitations runs on the date of the accident or incident that led to your injuries. The deadline to file a lawsuit also depends on the party you are suing. If you intend to sue an entity that is a part of the municipal government (such as the city or county) the deadline will be much shorter. In addition, there are certain situations that could alter the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for example the statute of limitations may begin when you discover or ought to have known that your injuries are the result of negligence. In certain cases the statute of limitations can be tolled for minors. 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. In this instance the court will dismiss your claim in a hurry 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 formal legal document that is filed by a person who asserts a cause of action and demands legal relief. The complaint must also state the kind of compensation that 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 fails to respond, default judgment can be entered in the petitioner's favor. Personal injury claims are usually based on actual bodily harm. Your attorney will ensure that you receive compensation for medical bills currently incurred and any future expenses. These expenses include medication as well as home care and physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes things like being unable to walk, drive, or sleep normally. This kind of injury is known as suffering and pain. The court will schedule a preliminary conference when a complaint has been filed. The court will schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will then prepare a Bill of Particulars. It is a comprehensive description of your injuries. It will include all your losses including the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in your life, as well as any other damages not monetary you're seeking. If your case is determined to have probable cause, you 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 does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff submits a complaint to the court and sends the defendant a copy of the complaint via registered or certified mail within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries suffered by you in more specific detail. This could include photos of your injuries, medical expenses and lost wages. The document will also contain information regarding the accident and why you believe the defendant is accountable for the injury. During the middle phase of a lawsuit, also known as “discovery”, each party is given the chance to ask questions and review evidence provided by the opposing party. Your attorney will be important during this stage of negotiations as the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also ask to see you by a doctor they choose in connection with the damages or injuries you're claiming. If you don't attend, the court could dismiss your case. Or, they may require that you pay for the defendant's examination costs. Once discovery and inspection are completed, lawyers on each side can submit a document referred to as a “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then set the date for the trial. During the trial, a jury will decide whether the defendant is at fault for the accident and injuries. If Longmont injury lawsuit is at fault, the jury may award you damages. If the defendant isn't responsible and the jury denies your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit could also be filed for non-physical injuries like pain and discomfort and loss of companionship. In the beginning of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what happened and the magnitude of your injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will keep you up-to date on any negotiations and important developments throughout the process. If negotiations fail and your lawyer has to file a formal complaint in the court against the defendant. A Complaint, the first official document filed in civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also demands compensation. The complaint must be served personally which means it must be handed over physically to the defendant. It usually takes about approximately a month. After service has been completed and the defendant is required to “answer” the Complaint within a specified time frame, which is typically 30 days. The answer explains whether the defendant acknowledges the allegations in the Complaint or denies them. During this stage your lawyer could submit medical records, documents and other evidence to support your case. The defendant's attorney will then respond to these documents and then the two sides will begin negotiations. If the parties can't come to an agreement, mediation or arbitration may be required before a trial can take place. However, a substantial portion of personal injury cases settle out of court. Your lawyer must first pay any company that have liens on your award from a specific money escrow before distributing an actual check.