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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. These cases often involve a person who is at the fault (defendant) and an injured party known as the plaintiff. Your lawyer will go through all medical records and other documentation, in order to determine the totality and cost of your injuries and damage. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury lawsuit the courts award them funds to pay for their damages. These funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types: special and general. Special damages are those that can be quantified that can be itemized for medical expenses and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify. Keep a diary to record how your injuries impacted you. This increases your chances of receiving maximum compensation for noneconomic damages. Port St. Lucie injury lawsuit includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to perform things you once took for granted. In a majority of personal injury cases, more than one defendants are at fault. This is particularly true when a business or an individual is guilty of gross negligence, fraud, and criminal intention. The court can also give punitive damages to discourage others from acting in a similar manner. When a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to respond which is also known as an answer within 30 days. Usually, defendants deny the allegations in the complaint. After the answer has been filed, the case enters an investigation known as discovery. This is the time when both parties will exchange relevant information and evidence, which includes taking depositions under the oath. This stage accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit for injury after the statute of limitations runs out you could lose your right to recover damages. It is essential to speak with an attorney in personal injury whenever you can even if you're unsure certain if the incident occurred within the deadline. A statute of limitation is a law of the state that sets a deadline for filing an action. In many states the statute of limitations begins with the date of the accident or incident that caused your injuries. The deadline to file a lawsuit for personal injuries also varies depending on the person you are seeking to sue. For example, if you would like to sue a local government entity (such as a city or county) the deadline is much shorter. There are other situations which could change the statute of limitations in your particular case. For instance, if were exposed to toxic substances or suffered medical negligence the time limit may begin when you discover, or reasonably should have realized that your injuries were caused by negligence. In some cases the statute of limitations may be extended for minors. If you make an injury claim after the statute of limitations has expired the defendant will likely tell the court about this and request that your case be dismissed. In this case, the court will dismiss your claim in a hurry without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a legal document filed by a plaintiff which declares a cause of action, and a demand for legal relief. The complaint should also specify what kind of compensation the plaintiff seeks. The defendant must then respond within a certain time frame. A defendant will usually deny the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf. Most personal injury claims are based on actual bodily injury. Physical injuries can be very costly, and your attorney will ensure that you get paid for any existing medical bills and any anticipated future expenses. This includes things like medications as well as home care and physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This type of damage is called pain and suffering. When a complaint is filed and the court is notified, they will convene a preliminary conference to set the date for the mandatory oral and physical examinations as well as any document production. After the conference, your lawyer will prepare a Bill of Particulars. It is a comprehensive report of your injuries. It will include all the losses you have suffered, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will also outline the possible emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. If the case is found to have probable cause your case will be scheduled for a public hearing. If your complaint is dismissed because of 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 files 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 default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photos of your injuries, medical bills and lost wages. It may also include details of the accident and what the defendant is accountable for your injuries. During the middle phase of a lawsuit, referred to as “discovery”, each party has the opportunity to ask questions and review evidence presented by the opposing party. Your lawyer will be crucial during this stage of negotiations because the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also request that you be examined by the doctor of their choice regarding the injuries and damages you're claiming. If you do not attend, the court could dismiss your case. Or order that you pay for the doctor's examination costs. After the discovery and inspection, attorneys from both sides may file a document 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 a trial date. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is at fault, the jury may award you damages. If the defendant isn't liable then the jury will deny your claim. Trial Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander), and physical harm from accidents, such as car crashes and falls. A lawsuit can also be filed for non-physical injuries like discomfort and pain and loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of the accident to determine what occurred and the extent of your damages. The lawyer will then discuss the matter with the insurance company of the party at fault. Your attorney will stay in touch with you on any significant developments and discussions throughout the entire process. After negotiations are unsuccessful the lawyer will file a formal complaint in the court against defendant. A complaint, the first official document filed in a civil suit, lists all parties, describes the incident and alleges wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. This usually takes around one month. Once service is complete and the defendant is required to “answer” the Complaint within a set date, which is usually 30 days. The answer will reveal whether the defendant denies or accepts the allegations in the Complaint. During this time, your lawyer can provide medical records, documents, and other evidence in support of your case. The defendant's lawyer will submit a response to these documents and the two parties will then engage in further discussions. If the parties can't reach an agreement, mediation or arbitration could be required prior to the trial can be held. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any companies that have liens on your award from a special money escrow before distributing a check.