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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 party who is at the fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will go through your medical records, as well as other documentation, to determine the totality and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company for you. Damages When a plaintiff wins a personal injury case the courts award them money to pay for their damages. These funds may be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds: general and special. Special damages are those that can be itemized and are measurable for example, medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify. Keeping a journal detailing the way your injuries have affected you you can help improve your chance of winning the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels and bouts of mental anguish and how your injuries affect your ability to participate in the activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is the most frequent scenario when a business or person commits criminal intent, fraud and gross negligence. The court can also award punitive damages to deter other people from engaging in the same manner. The defendants are served with an order with a complaint once a lawsuit has been filed. They are then required to submit a response, also known as an answer, within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. Both parties will exchange information and evidence in this stage, including taking depositions. This stage takes up the majority of the personal injury timeline. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it is likely that you'll lose your right to receive damages. Augusta injury lawyers is important to consult a personal injury attorney whenever you can even if you're unsure certain if the incident occurred before the timeframe. A statute of limitation is a state law which establishes a deadline for filing lawsuits. In the majority of states, the statute of limitations runs at the time of the incident or accident that caused your injuries. The deadline for filing a personal injury lawsuit is dependent on the individual you are seeking to sue. For example, if you want to sue a municipal government entity (such as a city or county) the deadline is much shorter. There are other situations that could alter the statute of limitations in your situation. For instance, if you 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 certain instances minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitations has expired the defendant will likely inform the court and ask for the dismissal of your lawsuit. If this occurs, the court will dismiss your claim on the spot without hearing. It is important to consult a personal injury lawyer immediately to discuss your case to determine if you can make a legal claim. Complaint A complaint is a formal legal document filed by a person who asserts a cause of action and seeks the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specific time frame. In general the case, a defendant will deny the claim. If the defendant does not respond to the claim, a default judgment could be granted in favor of the petitioner. In most cases, personal injury claims can result in bodily injury. Physical injuries can be extremely expensive, and your lawyer will ensure that you are compensated for any existing medical bills, as well as any future expenses you anticipate. This includes things like medications as well as home care and physical therapy. In addition, you can claim for any loss of quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as pain and suffering. The court will set up the preliminary conference after a complaint has been filed to schedule any mandatory oral or physical examinations as well as the production of any documents. Following the conference, your lawyer will prepare a Bill of Particulars. It is a thorough description of your injuries. It will include your losses including your current and future 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 non-monetary damages that you are seeking. If the case is found to have probable cause, your case will be scheduled for a public hearing. If your complaint is rejected due to a finding of no probable cause or because the court lacks authority, you can appeal the decision. Summons The formal lawsuit process begins with a summons and a complaint. The plaintiff file a complaint with the court and sends the defendant a copy via certified or registered post within a specific time. The defendant has to respond, or else risk a default judgment 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 detail. It could include photos of your injuries, medical bills and lost wages. The document will also contain information about the accident and how you think the defendant is responsible for the injury. During the middle phase of a lawsuit, also known as “discovery” the parties is able to ask questions and examine evidence held by the other party. Your attorney will be important in this stage of negotiations because the defendant's representatives want complete information before they make settlement offers. Your lawyer may also request that you are examined by a physician they select for the injuries or damages you're claiming. If you do not attend, the court may dismiss your case. Or, they may require that you pay for the defendant's examination costs. After discovery and inspection have been completed, the lawyers on both sides can file something called an “Notice of Issue” and a “Statement of Readiness for Trial.” This informs the court that your case is ready to go to trial. The judge will then set the trial date. During the trial the jury will decide if the defendant is at fault for the accident and injuries. If the defendant is to blame the jury could award you damages. If the defendant isn't responsible, the jury will deny your claim. Trial Personal injury lawsuits 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 pain and discomfort and loss of companionship. In the initial stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand what happened and the magnitude of your losses. Then, he or she will work with the insurance company of the at-fault company. Your attorney will keep you up-to the minute on any negotiations or important developments throughout the process. If negotiations are unsuccessful the lawyer will file a formal complaint in a court against the defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, describes the incident, alleges wrongdoing, and requests compensation. The complaint must be served personally and must be physically handed to the defendant. This typically takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or denies them. During this phase your lawyer may 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 engage in further negotiations. If the parties are not able to come to an agreement and mediation or arbitration might be required before your case goes to trial. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any company with liens on your monetary award through a specialized account before distributing a check.