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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these cases the defendant is usually the one responsible for the incident. The plaintiff is usually the injured party. Your attorney will examine your medical records and other documents to determine the extent of your injuries, costs and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages If a plaintiff is successful in a personal injury lawsuit, the courts award them money to cover their losses. The money can be awarded in a lump sum or spread over a time period or as part of the settlement is structured. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are measurable costs that can be itemized like medical bills and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment of living, are more difficult to quantify. Keep a diary of how your injuries have affected you can help improve your chances of obtaining the maximum amount of compensation for 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 do things you once took for granted. In a lot of personal injury cases, more than one defendants are accountable. This is most common when a business or individual commits criminal intent, fraud and gross negligence. San Leandro injury attorneys can also make punitive damages in order to discourage others from committing the same way. After a lawsuit has been filed, the defendants will receive a summons and complaint. They must respond or answer within 30 days. Typically, defendants deny the allegations in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is when the parties exchange pertinent information and evidence, as well as taking depositions under oath. This is where you will find the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out you could lose your right to recover damages. It is important to consult an attorney in personal injury as soon as you can even if you're unsure certain whether the incident occurred within the timeframe. A statute of limitation is a law in a state that establishes a deadline for filing lawsuits. In many states the statute of limitations begins on the date that the accident or incident led to your injuries. The deadline for filing an injury lawsuit also depends on the party you are suing. If you intend to sue an entity of municipal government (such as the city or county), the deadline will be much shorter. In addition there are certain circumstances that can change the statute of limitations in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for example, the statute of limitation could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain instances minors are not subject to the statute of limitation. If you file an injury claim after the statute of limitation has expired the defendant will likely tell the court about this and request that your case be dismissed. If this occurs, the court could summarily dismiss your claim without hearing. This is why it's important to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is an official legal document that is filed by a party who asserts a cause of action and seeks judicial relief. The complaint should also define the kind of compensation the plaintiff seeks. The defendant is then required to respond within a certain time frame. In general the event of a denial, the defendant will deny the claim. If the defendant does not respond, a default judgment may be entered in the petitioner's favor. Personal injury claims are typically founded on bodily injury. Your attorney will ensure that you get paid for medical bills currently incurred as well as any future expenses. This includes things like 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 things such as the inability to drive, sleep or walk normally. This type of damage is referred to as pain and suffering. If a complaint is filed when a complaint is filed, the court will convene a preliminary conference to schedule obligatory oral and physical examinations, as well as any document production. Your lawyer will prepare a Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including future and present medical costs, lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in your life as well as any other damages not monetary you are seeking. If the case is found to be probable cause, your case will be scheduled for a public hearing. If the complaint is dismissed because of a ruling that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant through certified or registered mail within a specific timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file a 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 will also contain information regarding the accident and why you believe the defendant is responsible for the harm. In the middle of a lawsuit, also known as “discovery” in which each party is given the chance to ask questions and examine evidence presented by the other party. Your lawyer will be crucial in this phase of negotiations as the representatives of the defendants want full information before making settlement offers. Your lawyer may also request to see you by a doctor they choose 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 the discovery and inspection process is completed, attorneys on each side can file a document known as an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then determine 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 suffered. If the defendant is responsible for the accident, the jury will award you damages. If the defendant isn't accountable and the jury denies your claim. Trial A personal injury claim encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries like the suffering of others and loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the beginning stages of the investigation to determine the exact cause and the extent of your injuries. He or she will then negotiate with the insurance company of the party who is at the fault. Your lawyer will keep you up-to the minute on any negotiations or significant developments during this process. After negotiations have failed and your lawyer has to make a formal complaint to court against the defendant. A Complaint, which is the first official document in a civil suit, lists all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be served personally which means it must be handed over physically to the defendant. This usually takes a month. After service is completed and the defendant is required to “answer” the Complaint within a specific time, which is usually 30 days. The answer will tell you if the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. During this stage your lawyer will provide medical records, documents and other evidence to back your argument. The defendant's attorney will then respond to these documents and the two sides will begin discussions. If the parties can't reach an agreement, then mediation or arbitration may be required prior to trial can begin. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any companies that have lien on your monetary award through a specialized escrow fund before issuing you the check.