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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. In these situations the defendant is typically the person responsible for the incident. The plaintiff is typically the victim. Your lawyer will go through all medical records along with other documentation, in order to determine the full extent and cost of your injuries and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury case the courts award them money to cover their losses. The funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are those that can be quantified that can be itemized for medical expenses and lost earnings. General damages are difficult to place a dollar value on, such as pain and suffering and loss of enjoyment of life. Keep a journal to document how your injuries impacted you. This increases your chances of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to perform activities you used to take for granted. In a majority of personal injury cases, multiple defendants are responsible. This is most common when a person or business is guilty of fraud, criminal intent, and gross negligence. The court may also award punitive damage to deter other people from doing the same thing. Once a lawsuit is filed, the defendants will receive a summons and complaint. They will then be required to respond, also known as an answer within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed the case will move to the process of fact-finding, also known as discovery. The parties will share information and evidence in this stage including depositions. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to claim damages. It is important to consult an attorney in personal injury as soon as possible, even if you're not certain whether the incident occurred within the deadline. A statute of limitations is a law in a state that sets a deadline on how long you have to make an injury lawsuit. In the majority of states, the statute of limitations begins at the time of the accident or incident that led to your injuries. The time limit for filing an injury lawsuit also depends on the party you are seeking to sue. If you are suing an entity of municipal government (such as a county or city) the deadline will be much shorter. There are certain circumstances that may change the statute of limitations in your case. For instance, if were exposed to toxic substances or suffered medical malpractice The statute of limitations may start when you discover or ought to have realized, that your injuries were caused by negligence. In some cases the statute of limitations can be tolled for minors. If you make an injury claim after the statute of limitation has expired the defendant will likely inform the court of this and request to dismiss your claim. In this case the court will decide to dismiss your claim in a hurry without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early on to discuss your case and determine if you have a viable legal claim. Complaint A complaint is a formal legal document filed by a party that claims a cause of action and seeks judicial relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified timeframe. A defendant will usually reject the claim. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf. In most cases, personal injury claims involve actual bodily injury. Your attorney will ensure that you receive compensation for your current medical bills and any future expenses. These include things like medication or home care, as well as physical therapy. You can also claim for any loss in quality of life that is caused by your injury. This 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. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. After the conference, your lawyer will prepare an Bill of Particulars. This is a thorough description of your injuries. This will include your losses including your future and current medical expenses, lost wages 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 seek. If the case is found 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 may appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff files a complaint with the court and then sends the defendant a copy via registered or certified mail 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 injuries and damages suffered by you in greater specific detail. It could include photos of your injuries, medical bills and lost wages. The document also contains details about the incident and how you think the defendant is accountable for the harm. In the middle of a lawsuit referred to as “discovery,” each party has the opportunity to ask questions and look over the evidence of the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, and your attorney will play a crucial role in negotiations during this time. Your lawyer can also request to have you examined by a physician they select in relation to the injuries or damages you're seeking. If you do not attend, the judge could dismiss your case or order that you pay the defendant for the costs of their examination. Once discovery and inspection are completed, lawyers on each side can submit a document referred to as an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then set the date for the trial. During the trial the jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't responsible and the jury denies your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical such as pain and discomfort and loss of companionship. In the early stages of your case, your lawyer will research your accident in order to fully comprehend what occurred and the extent of your damages. The lawyer will then engage with the insurance company of the party who is at fault. Your attorney will keep you up-to current on any negotiations and important developments throughout the process. If negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in a court against the defendant. A Complaint, which is the first official document filed in a civil suit, identifies all parties, describes the incident and lays out allegations of wrongdoing. Baton Rouge injury attorneys seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. This typically takes about one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations in the Complaint. In this phase your lawyer could submit documents, medical records and other evidence to back your case. The defendant's attorney will respond to these documents, and then the two sides will begin further negotiations. If the parties cannot reach an agreement, then mediation or arbitration may be required before the trial can be held. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have liens on your award from a special escrow fund before issuing you the check.