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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over the compensation for losses or injuries. These lawsuits typically involve a person at fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review your medical records, as well as other documentation, to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in an injury lawsuit the courts award them money to cover their losses. The funds can 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 of compensatory damages: specific and general. Special damages are those that can be quantified that can be itemized like medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of living, are more difficult to quantify. Keep a diary to record how your injuries affected your life. This will increase your chance of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, pain levels throughout the day as well as mental anxiety and your ability to complete things you used to take for granted. In a majority of personal injury cases, multiple defendants are at fault. This is most common when a business or person acts with criminal intent, fraud, and gross negligence. The court can also award punitive damages to deter other people from acting in the same way. After a lawsuit has been filed and the defendants are served with a summons and complaint. They will then be required to respond which is also known as an answer within 30 days. Typically, defendants not deny the allegations contained in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. The parties will share information and evidence in this stage and may even conduct depositions. This is the majority of the personal injury timeline. Skokie injury attorney of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is likely that you'll lose your right to receive damages. That's why it is important to speak with an attorney for personal injury about your case early on even if you're not sure if the incident happened within the deadline. A statute of limitations is a state law which provides a time frame for filing lawsuits. In most 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 also depends 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 much shorter. There are certain circumstances which could change the time limit in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations can begin when you discover or ought to 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 limitations has expired, the defendant will most likely inform the court and ask for your lawsuit to be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without hearing. That's why it is important to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document that is filed by a person who claims a cause of action and demands judicial relief. The complaint should also state the kind of compensation the plaintiff seeks. The defendant must then respond within a specific time frame. A defendant will usually deny the claim. If the defendant fails to respond, a default judgment may be granted for the petitioner. Most personal injury claims involve actual bodily injury. Physical injuries can be very expensive, and your lawyer will work to ensure that you receive compensation for any current medical bills and any future expenses you anticipate. These expenses include medications or home care as well as physical therapy. In addition, you can claim compensation for any loss in quality of life caused by your injuries. This includes things like the inability to walk, drive, or sleep normally. This kind of injury is referred to as suffering and pain. The court will call the preliminary conference after the complaint is filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. Your lawyer will then draft the Bill of Particulars. This is a detailed report of your injuries. It will include your losses including your future and current medical expenses, lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life as well as any other non-monetary damages that you are seeking. If the case is found to be a probable cause your case will be scheduled for public hearing. If the complaint is dismissed as a result of a decision that there is no probable cause, or because the court does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant by registered or certified mail within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. This could include photos of your injuries, medical bills and lost wages. It also contains details about the incident and the manner in which the defendant is accountable for your harm. In the middle of a lawsuit, called “discovery”, each party is given the chance to ask questions and look over evidence presented by the other party. The defendant's representatives will want to have complete information before making settlement offers, and your attorney plays a significant role in negotiations during this stage. Your lawyer can also ask to have you examined by a doctor of their choosing regarding the injuries and damages you're seeking. If you do not attend, the judge may dismiss your case or require that you pay the defendant for the costs of their examination. After a discovery and inspection, attorneys from both sides can file a form called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is ready to go to trial. The judge will then set the date for a trial. During the trial the jury will decide if the defendant is responsible for the accident and injuries. If the defendant is liable and the jury awards you damages. If the defendant is not accountable then the jury will deny your claim. Trial A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed for non-physical injuries such as suffering and pain, as well as loss of companionship. In the initial stages of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your injuries. Then, he or she will work with the insurance company of the at-fault company. Your lawyer will keep you up-to date on any negotiations and important developments throughout the process. After negotiations have failed, your lawyer will make a formal complaint to court against the defendant. A complaint, the first official document in a civil suit, identifies all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. It usually takes about a month. Once service is complete and the defendant is required to “answer” the Complaint within a set date, which is usually 30 days. The answer will tell you if the defendant is willing to admit the allegations in the Complaint or denies them. During this phase your lawyer may submit documents, medical records, and other evidence in support of your case. The lawyer representing the defendant will then reply to these documents and then the two sides will start discussions. If the parties are unable to reach an agreement, 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 with liens on your monetary award from a special account before distributing an actual check.