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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. In these situations the defendant is usually the one who is who is at fault. The plaintiff is usually the injured party. Your lawyer will review all medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company on behalf of you. Damages If a plaintiff prevails in a personal injury claim, the judge awards them money to pay for damages. These funds may be awarded in a lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are costs which can be listed and quantifiable, such as medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of living, are more difficult to quantify. Writing down how your injuries have affected you can help improve the odds of obtaining the most money for damages that are not economic. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to do things you once took for granted. In many personal injury lawsuits there are multiple defendants. This is most common when a business or person is guilty of fraud, criminal intent or gross negligence. The court can also make punitive damages in order to discourage others from acting in a similar way. Once a lawsuit is filed and the defendants are served with a summons and complaint. They are then required to file a response which is also known as an answer, within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case enters the phase of fact-finding, also known as discovery. This is the time when the parties exchange pertinent information and evidence, as well as taking depositions under the 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 claim damages. That's why it is important to speak with a personal injury lawyer about your case early even if not sure if the incident occurred within the timeframe. A statute of limitations is a law of the state that sets a deadline for filing lawsuits. In many states the statute of limitations starts with the date of the accident or incident which caused your injuries. The deadline to file a lawsuit for personal injury also depends on the individual you are seeking to sue. For instance, if are seeking to sue a municipal government entity (such as a city or county), the deadline is shorter. There are other situations which could change the time limit in your case. For example, if you were exposed to harmful substances or suffered medical malpractice, the statute of limitations may start when you discover, or reasonably should have realized that your injuries were the result of negligence. In certain instances the statute of limitations is extended for minors. If you file an injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and request your lawsuit to be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without a hearing. This is why it's crucial 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 legal document filed by a plaintiff that declares an action, and a demand for judicial relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. In general, a defendant will deny the claim. If the defendant fails to respond, a default judgment could be entered in the petitioner's favor. Most personal injury claims involve actual bodily injury. Physical injuries can be expensive, and your attorney will work to ensure that you receive compensation for any current medical bills and any future costs that are anticipated. Scottsdale injury lawyer include medications or home care as well as physical therapy. You may also be able to claim any loss in your quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is known as suffering and pain. When a complaint is filed when a complaint is filed, the court will hold a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. After the conference, your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered which include 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 and any other damages that are not monetary that you're seeking. If the case is deemed to be probable cause your case will be scheduled for public hearing. If your complaint is rejected due to a determination of 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 submits the complaint to the court and then sends a copy of the document to the defendant via registered or certified mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which details the injuries and damages you've suffered in greater detail. It could include photos of your injuries, medical bills and lost wages. It also contains details about the accident and what the defendant is accountable for your injuries. In the middle of a lawsuit called “discovery,” each party is allowed to ask questions and look over evidence that is held by the other party. The defendant's representatives will want to have all the facts before making settlement offers, so your attorney plays a significant role in negotiations during this stage. Your lawyer can also ask to have you examined by the doctor of their choice in relation to the damages and injuries you're seeking. If you do not attend, the court could dismiss your case. Also, the court may order you to pay for the doctor's examination costs. After the discovery and inspection, attorneys from both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then decide the trial date. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is responsible for the accident, the jury will award you damages. If the defendant isn't accountable then the jury will deny your claim. Trial A personal injury case involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit may also be filed for non-physical injuries like pain and discomfort and loss of companionship. In the initial stages of your case, your lawyer will research your accident in order to fully comprehend the cause of the incident and the extent of your damages. He or she will then negotiate with the insurance company of the party at the fault. Your attorney will keep you informed and up to current on any negotiations and significant developments during this process. After negotiations are unsuccessful the lawyer will file an official complaint in court against defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing and demands compensation. The complaint must be personally served and must be handed over physically to the defendant. This typically takes about a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or admits the allegations made in the Complaint. During this time, your lawyer can provide medical records, documents, and other evidence in support of your case. The defendant's attorney will then reply to these documents and then the two sides will begin negotiations. If the parties are unable to reach an agreement, mediation or arbitration may be required prior to a trial can take place. However, a large percentage of personal injury cases settle outside of court. When a settlement is reached, your lawyer has to pay any companies with liens on the monetary award out of a special escrow account before he or will issue you an official check.