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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute regarding compensation for financial losses and losses. The cases typically involve a person who is at fault (defendant) and an injured party known as the plaintiff. Your attorney will review all medical records, as well as other documents, to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit the courts award them funds to pay for their damages. The funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are those which can be listed and quantifiable like medical expenses and lost wages. General damages, like discomfort and pain, as well as loss of enjoyment of life are more difficult to quantify. Writing down how your injuries have affected the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, daily pain levels, mental anguish and your ability to do activities you used to take for granted. In many personal injury lawsuits there are many defendants. This is most common when a business or individual is guilty of fraud, criminal intent, and gross negligence. The court may also award punitive damage to discourage others from doing the same thing. The defendants will receive an order with a complaint after the lawsuit has been filed. They must file a response or answer, within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer has been filed, the case enters an investigation known as discovery. This is when both parties will exchange relevant information and evidence, which includes taking depositions under oath. This stage accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you file an injury lawsuit after the statute of limitations has expired, you will likely lose the right to collect damages. That's why it is important to consult an attorney for personal injury about your case as early as possible, even if you are not sure if the incident occurred before the deadline. A statute of limitations is a law in a state that sets a time limit on the time you have to bring a lawsuit for injury. In most states the statute of limitations begins with the date of the accident or incident which caused your injuries. The deadline to file a personal injury lawsuit is dependent on the individual you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as a county or city), the deadline will be much shorter. There are other situations that could alter the time limit in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases, the statute of limitations is tolled for minors. If you make a claim for injury after the statute of limitation has expired Your defendant is likely to inform the court about this and ask to dismiss your claim. If this happens, the court will summarily dismiss your claim without hearing. This is why it's important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is an official legal document filed by a person who asserts a cause of action and demands judicial relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific time frame. In general the event of a denial, the defendant will not respond to the claim. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf. In most cases, personal injury claims are based on actual bodily injury. Physical injuries can be extremely expensive, and your attorney will ensure that you get paid for any existing medical bills and any future costs that are anticipated. These expenses include medications as well as home care and physical therapy. You may also be able to claim any loss in quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is called pain and suffering. The court will call a preliminary conference when the complaint is filed. This will be used to schedule any required oral or physical examinations and also the production of any documents. Following the conference, your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. This will include the losses you have suffered including your current and future medical expenses, lost wages and property damage. Your lawyer will also detail the possible emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you are seeking. If the case is determined to be probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling 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 a summons. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via certified or registered post within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries suffered by you in greater detail. It could include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is accountable for your injuries. During the middle phase of a lawsuit, referred to as “discovery” in which each party is able to ask questions and examine evidence held by the opposing party. The defendant's representatives will want to have all the facts before making settlement offers, therefore your attorney will play an important role in negotiations during this time. Your lawyer may also request to have you examined by a doctor they select in connection with the damages or injuries you're claiming. If you fail to attend, the judge could dismiss your case, or demand that you pay the defendant for the costs of their examination. Once discovery and inspection are completed, lawyers on each side can file something called the “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then decide on the trial. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you suffered. If the defendant is accountable and the jury awards you damages. If the defendant is not liable and the jury decides to deny your claim. Trial A personal injury claim can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries such as pain and suffering and loss of companionship. Your lawyer will conduct a thorough investigation on the accident during the initial stages of the case to determine the exact cause and the extent of your injuries. The lawyer will then engage with the insurance company of the party who is at the fault. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments during this process. After negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. A complaint, the first official document of civil lawsuits, names all parties, describes the incident and alleges wrongdoing. Rock Hill injury lawyers seeks compensation. The complaint must be personally served, which means that it must be delivered physically to the defendant. This typically takes about one 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 made in the Complaint or denies them. In this stage, your lawyer can submit documents, medical records, and other evidence in support of your case. The defendant's attorney will then reply to these documents and the two sides will start discussions. If the parties are not able to reach an agreement, mediation or arbitration may be required prior to your case can go to trial. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any companies that have lien on your monetary award from a specific money escrow before distributing the check.