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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. In these cases the defendant is usually the person who is at fault. The plaintiff is typically the victim. Your attorney will examine your medical records and other documents to assess the full extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury lawsuit, the court gives 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 in an agreed settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be quantified that can be listed for medical expenses and lost earnings. General damages are more difficult to quantify a dollar amount on, such as suffering and suffering, as well as loss of enjoyment of life. Keep a journal in which you can record how your injuries impacted 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 participate in activities that you used to take for granted. In a majority of personal injury cases, more than one defendants are at fault. This is most common when an individual or business commits the most blatant negligence, fraud and criminal motives. The court may also award punitive damages to deter other people from doing the same thing. Once a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to respond or answer within 30 days. Typically, defendants will contest the allegations made in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. The parties will exchange information and evidence during this phase including depositions. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to claim damages. It is essential to speak with a personal injury attorney as soon as possible, even if you're not certain if the incident occurred within the deadline. A statute of limitations is a state law which sets a deadline for filing lawsuits. In many states the statute of limitations begins on the date of the accident or incident that caused your injuries. The deadline for filing a lawsuit for personal injuries also depends on the person you're suing. If Portland injury attorneys want to sue an entity of municipal government (such as a county or city), the deadline will be shorter. There are other situations that may change the time limit in your case. If you were exposed toxic substances or suffered from medical malpractice, for example the statute of limitations could begin when you realize or reasonably should have known that your injuries are due to negligence. In certain instances, the statute of limitations may be tolled for minors. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and request the dismissal of your lawsuit. If this occurs, the court could dismiss your claim in a sweeping manner without a hearing. It is crucial to speak with a personal injury lawyer as soon as possible to discuss your case to determine if you have a legal claim. Complaint A complaint is a formal legal document filed by a plaintiff which alleges an action, and a demand for judicial relief. The complaint should also define the type of relief the plaintiff is seeking. The defendant must then respond within a specified 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 favor of the petitioner. In most cases, personal injury claims can result in bodily injury. Your attorney will ensure that you get paid for medical bills currently incurred and any future costs. These include things like medication or home care, as well as physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is referred to as suffering and pain. The court will set up a preliminary conference when the complaint is filed. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will prepare a Bill of Particulars. This is a thorough 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 detail any emotional distress, disfigurement or loss of enjoyment and any other damages that are not monetary that you seek. If your case is deemed to have 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 does not have jurisdiction, you may appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy via certified or registered post within a specific time. The defendant must respond, or else risk a default judgement against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. It could include photos of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you think the defendant is accountable for the injury. During the middle phase of a lawsuit, also known as “discovery” in which each party has the opportunity to ask questions and examine evidence held by the opposing party. Your attorney is crucial in this stage of negotiations since 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 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 the costs of their examination. After the discovery and inspection, attorneys from both sides can file a form 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 an appointment date for the trial. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not responsible, the jury will deny your claim. Trial A personal injury case involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. A lawsuit can also be filed for physical injuries like discomfort and pain and loss of companionship. In the early stages of your case, your lawyer will research your accident in order to fully comprehend what happened and the magnitude of your losses. Then, he will negotiate with the at-fault party's insurance company. Your attorney will keep in touch with you about any significant developments and will also negotiate throughout the entire process. After negotiations don't work the lawyer will file a formal complaint in the court against defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, details the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. This usually takes one month. After service, the defendant has 30 days to “answer” the Complaint. The answer is whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. In this phase your lawyer will provide medical records, documents and other evidence to support your argument. The lawyer for the defendant will provide an answer to these documents and the two parties will continue to negotiate. If the parties cannot come to an agreement, mediation or arbitration may be required prior to a trial can take place. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any businesses with liens on your monetary award through a specialized money escrow before distributing a check.