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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for injuries or losses. In these situations the defendant is typically the one who is who is at fault. The plaintiff is usually the party who is injured. Your attorney will review your medical records and other documents to understand the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins a personal injury lawsuit the courts award them money to pay for their damages. The money can be awarded as lump sums or spread over a time period, as part if an agreed settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are the ones that can be quantified that can be listed like medical bills and lost earnings. General damages are harder to place a dollar value on, such as pain and suffering and loss of enjoyment of life. Keeping a journal detailing the way your injuries have affected you you can help improve your chances of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anxiety and how injuries affect your ability to take part in activities you once took for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when a business or an individual commits gross negligence, fraud, and criminal intention. The court can also award punitive damages to deter others from acting in a similar manner. After a lawsuit has been filed and the defendants are served with a summons and complaint. The defendants will be required to respond (also known as an answering) within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, as well as depositions under the oath. This is the stage that 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 expires, it's likely that you will lose the right to damages. That's why it's crucial to talk to a personal injury lawyer about your case early even if you're not certain if the incident occurred before the deadline. A statute of limitations is a law of the state that provides a time frame for filing a lawsuit. In most states, the statute of limitations begins at the time of the incident or accident that led to your injuries. The deadline to file a lawsuit for personal injury also varies depending on the person you are suing. For example, if you would like to sue a local government entity (such as a city or county), the deadline is significantly shorter. Additionally, there are certain situations that could alter the statute of limitations in your case. For instance, if were exposed to harmful substances or a victim of medical negligence, the statute of limitations could begin when you discover, or reasonably should have realized that your injuries were the result of negligence. In certain instances minors are not subject to 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 of this and request to dismiss your claim. In this case the court will decide to dismiss your claim without hearing. This is why it's important to talk with an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim. Complaint A complaint is an official legal document that is filed by a person who claims a cause of action and seeks judicial relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a set time frame. In general, a defendant will not respond to the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor. Personal injury claims are generally based on actual bodily harm. Physical injuries can be expensive, and your lawyer will work to ensure that you get paid for any existing medical bills, as well as any anticipated future expenses. These include things like medication or home care, as well as physical therapy. You may also be able to claim any loss in quality of life resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of damage is known as suffering and pain. When 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 then prepare a Bill of Particulars. This is a thorough description of your injuries. It will include all of your losses, including the costs of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other damages that are not monetary you're seeking. If the case is determined to be a probable cause, your case will be scheduled for a public hearing. If your complaint is rejected due to a finding of no probable reason or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit begins with the issue of a summons. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant by certified or registered mail within a certain timeframe. The defendant must respond or risk a default judgment against them. Lancaster injury attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in greater depth. This may include photos of your injuries, medical expenses and lost wages. It also contains details about the accident and what the defendant is responsible for your injuries. In the middle of a lawsuit, also known as “discovery” the parties has the opportunity to ask questions and look over evidence provided by the other party. Your attorney is crucial during this stage of negotiations because the representatives of the defendant want to have complete information before they make settlement offers. Your lawyer can also ask that you be examined by a doctor of their choosing regarding the injuries and damages you're seeking. If you do not attend, the judge could dismiss your case, or demand that you pay the defendant for their examination costs. After the discovery and inspection, attorneys on both sides may file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is ready for trial. The judge will then determine the trial date. During the trial, the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is responsible, the jury will award you damages. If the defendant isn't accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a broad range injuries, such as wrongful death, emotional distress (libel or slander) and physical injury from accidents like 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 the lawyer will investigate the accident to determine what occurred and the extent of your damages. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will stay in touch with you about any significant developments and will also negotiate throughout the process. After negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A Complaint is the initial official document in a civil suit that identifies the parties, describes the incident, claims that there was wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. This usually takes around a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or accepts the allegations in the Complaint. During this time your lawyer will be able to submit documents, medical records as well as 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 are not able to reach an agreement, mediation or arbitration may be required prior to your case goes to trial. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any companies that have liens on your award from a special account before distributing an actual check.