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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. The cases typically involve a party who is at the fault (defendant) and an injured party known as the plaintiff. Your attorney will review your medical records and other documents to determine the extent of your injuries, the costs 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 claim, the judge will award the plaintiff a sum of money to cover damages. These funds can be awarded as lump sums or spread over a period of time in the settlement is structured. These funds are referred to as compensatory damages. There are two kinds: general and special. Special damages are costs which can be listed and quantifiable for example, medical expenses and lost wages. General damages are more difficult to put a dollar amount on, like suffering and suffering, as well as loss of enjoyment of life. Writing down the way your injuries have affected you the odds of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anguish, and how injuries affect your ability to participate in activities that you used to take for taken for granted. In many personal injury cases, multiple defendants are responsible. This is especially common when a person or business commits the most blatant negligence, fraud and criminal intention. The court can also award punitive damages to deter others from acting in the same way. The defendants receive an order with a complaint once a lawsuit has been filed. They will then be required to file a response or answer, within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. This is when the parties exchange pertinent information and evidence, including depositions under oath. This phase takes up the majority of the personal injury timeline. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out the statute of limitations will expire and you'll likely lose your right to recover damages. That's why it is important to consult an attorney who specializes in personal injury to discuss your case early even if not sure if the accident occurred within the timeframe. A statute of limitations is a law in a state that establishes a deadline for filing an action. In most states, the statute of limitations begins with the date of the incident or accident that led to your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the individual you are suing. If you want to sue an entity that is a part of the municipal government (such as the city or county), the deadline will be shorter. In addition there are certain circumstances which could change the statute of limitations in your case. For instance, if you were exposed to harmful substances or suffered medical negligence the time limit may begin when you discover or should have discovered, that your injuries were the result of negligence. In some cases, the statute of limitations is tolled for minors. If you file an injury claim after the statute of limitation has expired the defendant will likely tell the court about this and ask that your lawsuit be dismissed. If this occurs, the court could dismiss your claim on the spot without hearing. It is important to consult an attorney who specializes in personal injury immediately to discuss your case to determine if you can make a legal claim. Complaint A complaint is a legal document filed by a plaintiff that declares an action, and a demand for the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a set timeframe. In general the case, a defendant will not respond to the claim. If the defendant does not respond to the claim, a default judgement may be granted in favor of the petitioner. Personal injury claims are generally founded on bodily injury. Rapid City injury lawsuit can be very costly, and your attorney will work to ensure that you get paid for any existing medical bills and any anticipated future expenses. This includes things like medications, home care and physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is called suffering and pain. If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to plan mandatory physical and oral examinations as well as any document production. After the conference your lawyer will draft a Bill of Particulars. This is a detailed description of your injuries. It will include your losses including future and present medical costs, lost wages and property damage. Your lawyer will also describe the grievous emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you seek. If your case is determined to be a probable cause you will be scheduled for an open 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 are able to appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff submits a complaint to the court and sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the damages and injuries you've sustained more fully. This may include photos of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is responsible for your injuries. During the middle phase of a lawsuit, called “discovery” in which each party is able to ask questions and review evidence held by the other party. The defendant's representatives will need to have complete information before making settlement offers, therefore your attorney will play an important role in negotiations during this time. Your lawyer can also request to have you examined by a doctor of their choosing regarding the damages and injuries you're claiming. If you fail to attend, the judge may dismiss your case or require that you pay the defendant for the cost of their examination. Once discovery and inspection are completed, lawyers on both sides may submit a document referred to as 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 decide on the trial. During the trial the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is responsible, the jury may award you damages. If the defendant is not accountable then the jury will dismiss your claim. Trial Personal injury claims can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical like discomfort and pain, as well as loss of companionship. In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your losses. Then, he or she will work with the at-fault party's insurance company. Your attorney will stay in touch with you about any significant developments and negotiations throughout the entire process. After negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. A complaint is the first official document in a civil lawsuit that identifies the parties, describes the incident, alleges wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. This typically takes about a month. Once service is complete the defendant has to “answer” the Complaint within a specified time, which is usually 30 days. The answer explains whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. During this phase, your lawyer can submit medical records, documents as well as other evidence in support of your case. The lawyer for the defendant will provide a response to these documents and the two sides will then engage in further discussions. If the parties are not able to reach an agreement the mediation or arbitration process could be required prior to your case is put to trial. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any company with liens on your monetary award from a special escrow fund before issuing you an actual check.