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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 who is responsible for the incident. The plaintiff is typically the party who is injured. Your attorney will examine your medical records and other documentation to assess the full extent of your injuries, expenses and damages. This will enable them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff prevails in a personal injury case, the courts award them funds to pay for their damages. These funds may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are the ones that can be quantified that can be itemized like medical bills and lost earnings. General damages are difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment. Keep a journal in which you can record how your injuries impacted you. This will increase your chances of receiving maximum compensation for noneconomic damages. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete things you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is particularly true when a person or business commits gross negligence, fraud, and criminal intention. The court can also make punitive damages in order to discourage others from acting in the same manner. The defendants are served with an order with a complaint once a lawsuit has been filed. They will then be required to respond or answer, within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. This is when the parties exchange pertinent information and evidence, including taking depositions under an oath. This is where you will find the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you make a claim for injury after the statute of limitation expires, it's likely that you'll lose the right to damages. It is crucial to speak with an attorney for personal injuries as soon as you can even if you're unsure certain whether the incident occurred within the deadline. A statute of limitation is a state law which sets a deadline for filing lawsuits. In the majority of states the statute of limitations starts on the date of the incident or incident caused your injuries. The time limit to file a lawsuit also depends on the party you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as a county or city) the deadline will be much shorter. In addition, there are certain situations that can change the statute of limitations in your situation. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize or reasonably ought to have realized that your injuries are the result of negligence. In some cases, minors are exempt from the statute of limitation. If you file an injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and ask for the case to be dismissed. In this case the court will decide to dismiss your claim without hearing. It is essential to contact an attorney who specializes in personal injury immediately to discuss your case and determine if you have a legal claim. Complaint A complaint is a formal legal document filed by a party who asserts a cause of action and demands the judicial remedy. The complaint should also state the kind of compensation the plaintiff is seeking. The defendant must then respond within a set time frame. In general the event of a denial, the defendant will reject the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner. In most cases, personal injury claims can result in bodily injury. Your lawyer will ensure that you receive compensation for the medical bills you are currently paying and any future expenses. These include things like medication as well as home care and physical therapy. You can also claim any loss in quality of life that is caused by your injury. This includes things such as the inability to walk, sleep or drive normally. Spokane Valley injury lawyers of damage is referred to as pain and suffering. The court will schedule an initial conference once the complaint has been filed to schedule any mandatory oral or physical examinations and also the production of any documents. Your lawyer will then draft a Bill of Particulars. It is a comprehensive account of your injuries. It will include all your losses which include the cost of your current and future medical expenses, lost earnings and property damage. Your lawyer will also describe the alleged emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you are seeking. If your case is found to have probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is 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 and complaint. The plaintiff files a complaint with the court and sends the defendant a copy of the complaint via registered or certified mail within a specified time. The defendant must respond or risk a default judgement against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It may include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is accountable for your injuries. In the middle of a lawsuit called “discovery,” each party gets 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 can also ask to have you examined by a doctor they select in connection with the injuries or damages you're claiming. If you fail to attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's exam costs. After discovery and inspection have been completed, the lawyers on both sides may file a document known as a “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then determine the trial date. During the trial the jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not responsible, the jury will deny your claim. Trial A personal injury case encompasses a range of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits may also be filed over non-physical injuries such as the suffering of others and loss of companionship. Your lawyer will conduct an investigation on the accident during the early stages of the investigation to determine the exact cause and 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 current on any negotiations and significant developments throughout this process. After negotiations have failed, your lawyer will submit a formal complaint to court against the defendant. A complaint is the first official document in a civil lawsuit. It names the parties, explains the incident, claims that there was wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. It usually takes about approximately a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or acknowledges the allegations made in the Complaint. In this stage your lawyer will be able to submit documents, medical records and other evidence to support of your case. The lawyer representing the defendant will submit a response to these documents and the two parties will continue to negotiate. If the parties are unable to come to an agreement, mediation or arbitration could be required prior to a trial can take place. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any businesses with liens on your monetary award from a special account before distributing an actual check.