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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these situations the defendant is usually the one who is at fault. The plaintiff is typically the victim. Your attorney will examine your medical records and other documents to determine the extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins an injury lawsuit, the courts award them funds to cover their losses. Round Rock injury lawsuits can be awarded as an amount in one lump sum or spread out over a time period or as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are costs which can be listed and are measurable, such as medical expenses and lost wages. General damages are harder to put a dollar amount on, like the suffering and pain, and the loss of enjoyment of life. Keep a diary to record how your injuries impacted you. This will increase your chance of receiving the maximum amount of compensation for the non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to complete things you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or person acts with criminal intent, fraud or gross negligence. The court may also award punitive damages to deter other people from doing the same thing. After a lawsuit has been filed and the defendants are served with a summons and complaint. They will then be required to submit a response or answer within 30 days. Typically, defendants will contest the allegations made in the complaint. Once the answer is filed and the case is referred to as an investigation stage, known as discovery. This is where both parties will share relevant information and evidence, which includes depositions under oath. This stage accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you will lose your right to receive damages. That's why it's crucial to talk to an attorney who specializes in personal injury to discuss your case as early as possible, even if you are not certain if the incident occurred within the timeframe. A statute of limitations is a law in a state that sets a deadline on the amount of time you can file an injury lawsuit. In most states the statute of limitations runs at the time 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 suing. For example, if you want to sue a municipal government agency (such as a county or city) the deadline is significantly shorter. There are certain circumstances which could change the statute of limitations in your situation. For instance, if were exposed to harmful substances or suffered medical negligence the statute of limitations could begin when you realize, or reasonably should have discovered, that your injuries were the result of negligence. In some cases, minors are exempt from the statute of limitation. If you make a claim for injury after the statute of limitation has expired, your defendant will likely inform the court about this and request to dismiss your claim. In this scenario the court will decide to dismiss your claim without hearing. That's why it is important to speak with a seasoned personal injury lawyer as soon as possible 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 who claims a cause of action and demands judicial relief. The complaint should also define the kind of compensation the plaintiff seeks. The defendant is then required to respond within a specified timeframe. The defendant is usually able to decline to respond. If the defendant fails to respond, default judgment can be made in favor of the petitioner. Most personal injury claims can result in bodily harm. Physical injuries can be extremely expensive, and your lawyer will work to ensure that you receive compensation for any current medical bills and any future expenses you anticipate. These include things like medication, home care and physical therapy. You can also claim for any loss in quality of life that is caused by your injury. This includes things like the inability to walk, drive, or sleep normally. This kind of damage is known as suffering and pain. When a complaint is made and the court is notified, they will hold a preliminary conference to set the date for the mandatory oral and physical examinations, as well as any document production. Your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. This will include your losses including future and present medical costs loss of wages, as well as property damage. Your lawyer will also outline the grievous emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you seek. If your case is determined to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff file a complaint with the court and then sends the defendant a copy via registered or certified mail within a specific time. The defendant has to respond, or they risk default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which describes the damages and injuries you've sustained more fully. It may include photographs 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. During the middle part of a lawsuit, also known as “discovery,” each party gets to ask questions and examine the evidence of the other party. Your attorney will be important in this stage of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers. Your lawyer may also request to have you examined by a physician they select in connection with the damages or injuries you're claiming. If you do not attend, the judge may dismiss your case or order that you pay the defendant the costs of their examination. After discovery and inspection have been completed, the lawyers on each side can file a document known as a “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is now ready to go to trial. The judge will then schedule the trial. During the trial the jury will decide if the defendant is at fault for the accident and your injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't at fault then the jury will deny your claim. Trial A personal injury lawsuit can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries such as the suffering of others and loss of companionship. In the early stages of your case, your lawyer will research the accident to determine what happened and the magnitude of your losses. Then, he or she will negotiate with the insurance company of the at-fault company. Your lawyer will keep you up to current on any negotiations and significant developments throughout this process. If negotiations fail the lawyer will file an official complaint in a court against the defendant. A complaint, the first official document of a civil suit, lists all parties, outlines the incident, and claims that there was wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. It typically takes a month. Once service is complete, the defendant must “answer” the Complaint within a specified date, which is usually 30 days. The answer will explain whether the defendant denies or acknowledges the allegations made in the Complaint. During this phase your lawyer will be able to provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will submit an answer to these documents, and the two sides will then engage in further discussions. If the parties are not able to reach a settlement, mediation or arbitration may be required before your case goes to trial. However, a substantial portion of personal injury cases settle outside of court. After a settlement has been reached, your lawyer must pay any companies that have liens on the monetary settlement out of a separate account for escrow before he or will issue you an official check.