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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These lawsuits typically involve a person at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through all of your medical records along with other documents, to determine the full extent and cost of your injuries and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages If a plaintiff prevails in a personal injury case the courts award them funds to cover their losses. The money can be awarded in lump sums or spread out over a period of time in an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs which can be listed and quantifiable for example, medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment of life, are more difficult to quantify. Writing down the way your injuries have affected you you can help improve the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete things you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or an individual acts with reckless negligence, fraud, and criminal motives. The court can also award punitive damage to deter other people from doing the same thing. The defendants receive a summons along with an accusation once a lawsuit is filed. The defendants must submit a response (also called an answering) within 30 days. Typically, the defendants will deny the allegations in the complaint. After the answer has been filed, the case is moved to a stage of fact-finding known as discovery. Both parties will exchange information and evidence during this phase including depositions. This phase takes up the majority of a personal injury timeline. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is possible that you will lose the right to damages. This is why it's important to consult a personal injury lawyer about your case as early as possible even if you're not sure if the accident happened within the deadline. A statute of limitation is a state law which provides a time frame for filing a lawsuit. In many states the statute of limitations starts at the time of the incident or accident that led to your injuries. The deadline to file a lawsuit for personal injury also depends on the individual you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as the city or county) the deadline will be shorter. In addition, there are certain situations which could change the statute of limitations in your situation. For instance, if you were exposed to toxic substances or suffered medical malpractice The statute of limitations could begin when you discover or should have realized that your injuries were the result of negligence. In certain cases minors are not subject to the statute of limitation. If you file an injury claim after the statute of limitation has expired the defendant will likely inform the court of this and ask to dismiss your claim. In this case, the court will dismiss your claim summarily without hearing. It is important to consult a personal injury lawyer immediately to discuss your situation and determine if you have a legal claim. Complaint A complaint is a legal document filed by a person who alleges an actionable cause and demands the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant must then respond within a specific time frame. In general the case, a defendant will reject the claim. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor. Personal injury claims are usually founded on bodily injury. Physical injuries can be expensive, and your attorney will ensure that you are compensated for any existing medical bills, as well as any anticipated future expenses. These costs include medical expenses, home care, and physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. Tempe injury lawsuit includes the inability to walk, drive or sleep normally. This kind of injury is referred to as pain and suffering. The court will schedule the preliminary conference after 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. Following the conference your lawyer will draft a Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered, including the costs of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in your life and any other non-monetary damages that you're seeking. If your case is determined to be a probable cause you will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff file a complaint with the court and sends the defendant a copy by 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 injury attorney will file an Bill of Particulars, which sets out the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills and lost wages. The document also includes information about the accident and how you believe the defendant is responsible for the injury. During the middle part of a lawsuit called “discovery,” each party is allowed to ask questions and look over evidence that is held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, therefore your attorney plays a significant role in negotiations during this time. Your lawyer can also request that you are examined by a doctor they choose in relation to the damages or injuries you're seeking. If you do not attend, the judge may dismiss your case or order that you pay the defendant for their examination costs. After the discovery and inspection process is completed, the lawyers on both sides can file something called a “Notice of Issue” and a “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 the jury will determine if the defendant is accountable for the accident and the injuries you suffered. If the defendant is responsible, the jury will award you damages. If the defendant is not accountable, the jury will reject your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. Additionally, lawsuits can also be filed for non-physical injuries such as the suffering of others and loss of companionship. Your lawyer will conduct research on the accident during the initial stages of the case to determine the precise nature and severity of your injuries. Then, he will negotiate with the insurance company of the at-fault company. Your attorney will keep you up to current on any negotiations and significant developments throughout this process. After negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A complaint, the first official document filed in a civil suit, identifies all parties, describes the incident and alleges wrongdoing. It also demands compensation. The complaint must be served personally and must be delivered physically to the defendant. It usually takes about a month. After service has been completed and the defendant is required to “answer” the Complaint within a specified time, which is usually 30 days. The answer will tell you if the defendant denies or accepts the allegations contained in the Complaint. In this phase your lawyer could submit documents, medical records as well as other evidence to prove your case. The lawyer representing the defendant will submit an answer to these documents and the two sides will engage in further negotiations. If the parties are unable to reach an agreement and mediation or arbitration might be required prior to your case can go to trial. However, a large percentage of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any companies with liens on the monetary settlement through a specific escrow account before he or will issue you an official check.