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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These cases often involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will review all medical records, as well as other documents, to determine the full extent and cost of your injuries and damage. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury claim the court awards the plaintiff a sum of money to cover damages. The funds may be awarded as lump sums or spread over a period of time, as part if a structured settlement. These funds are also known as compensatory damages. There are two kinds: general and special. Special damages are the ones that can be quantified that can be categorized for medical expenses and lost earnings. General damages are harder to place a dollar value on, like the suffering and pain, and the loss of enjoyment of life. Keep a diary to record the way your injuries affected your life. This will increase your chance of receiving the most compensation for any non-economic losses. These include the effects on your relationships, daily pain levels and bouts of mental stress, and how your injuries affect your ability to engage in activities that you used to take for granted. In a lot of personal injury cases, multiple defendants are at fault. This is most common when a person or business is guilty of reckless negligence, fraud, and criminal motives. The court may also award punitive damages to deter other people from acting in the same way. The defendants will receive an order with an accusation once the lawsuit has been filed. They must submit a response, also known as an answer within 30 days. Usually, defendants deny the allegations in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will share information and evidence during this stage and may even conduct depositions. This stage accounts for the majority of time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations expires, you will likely lose the right to collect damages. This is why it's important to consult a personal injury lawyer about your case as early as possible, even if you are not certain if the incident occurred within the timeframe. A statute of limitation is a law in a state that sets a deadline for filing lawsuits. In most states, a statute of limitations begins the date that the accident or incident caused your injuries. Jacksonville injury lawsuits to file a lawsuit for personal injury also varies depending on the person you are seeking to sue. If you intend to sue an entity of municipal government (such as the city or county) the deadline will be shorter. There are also certain situations which could change the statute of limitations in your case. If you were exposed toxic substances or were the victim of medical malpractice, for example the statute of limitations could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain instances the statute of limitations is extended for minors. If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and request the dismissal of your lawsuit. In this instance, the court will dismiss your claim in a hurry without hearing. It is essential to contact a personal injury lawyer as soon as you can to discuss your situation and determine if you are eligible to file an official claim. Complaint A complaint is a formal legal document filed by a person who asserts a cause of action and demands the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specific timeframe. In general the event of a denial, the defendant will not respond to the claim. If the defendant does not respond to the claim, a default judgment could be granted for the petitioner. Personal injury claims are generally caused by bodily injury. Physical injuries can be extremely expensive, and your lawyer will work to ensure that you get paid for any existing medical bills, as well as any anticipated future expenses. This includes things like medications, home care and physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes things like being unable to walk, drive, or sleep normally. This kind of injury is known as pain and suffering. When a complaint is filed, the court will hold a preliminary meeting to set the date for the mandatory oral and physical examinations, as well as any document production. Following the conference, your lawyer will prepare a Bill of Particulars. This is a detailed account of your injuries. This will include the losses you have suffered including your future and current medical costs loss of wages, as well as property damage. Your lawyer will also detail the possible emotional distress, disfigurement, loss of enjoyment of life and any other damages that you're seeking. If the case is found to be a probable cause the case will be scheduled for a public hearing. If your complaint is rejected because of a determination of no probable cause or because the court does not have jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant through registered or certified mail within a specified time frame. The defendant must respond, or else risk a default judgement against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in more depth. This could include photos of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is responsible for your harm. During the middle part of a lawsuit, also known as “discovery,” each party gets to ask questions and look over the evidence of the other party. Your attorney will be important in this stage of negotiations because the defendant's representatives want full information before making settlement offers. Your lawyer can also ask that you undergo an examination by the doctor of their choice in regard to the damages and injuries you're claiming. If you don't attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs. Once discovery and inspection are completed, lawyers on each side can file a document known as an “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then decide on a trial. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is at fault and the jury awards you damages. If the defendant isn't responsible and the jury denies your claim. Trial Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical, such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct an investigation on the accident during the beginning stages of the case to determine the exact nature and severity of your injuries. The lawyer will then engage with the insurance company of the party who is at the fault. Your attorney will keep you up to the minute on any negotiations or significant developments during this process. After negotiations fail, your lawyer will file an official complaint in the court against defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, describes the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. It typically takes a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer is whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. During this stage your lawyer will submit documents, medical records and other evidence to back your argument. The attorney representing the defendant will then reply to these documents, and then the two sides will start negotiations. If the parties are not able to reach an agreement the mediation or arbitration process could be required before your case goes to trial. A large portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer has to pay any companies with liens on the monetary settlement out of a separate escrow account before he or will issue you a check.