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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. These cases often involve a person at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will review your medical records, as well as other documents, 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 funds to pay for their damages. These funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Savannah injury lawyer are expenses which can be listed and quantifiable like medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment are more difficult to quantify. Keeping a journal detailing how your injuries have affected the odds of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, your daily pain levels and bouts of mental anguish and how your injuries affect your ability to engage in the activities you used to take for taken for granted. In many personal injury lawsuits there are many defendants. This is particularly true when an individual or business is guilty of the most blatant negligence, fraud and criminal intention. The court can also give punitive damages to discourage others from acting in the same manner. The defendants are served with a summons with an accusation once a lawsuit is filed. The defendants are required to submit a response (also called an answering) within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. Both parties will exchange information and evidence in this stage, including taking depositions. This stage takes up the majority of the timeline for personal injuries. Statute of limitations If you file a lawsuit claiming injury after the statute of limitations runs out, you will likely lose the right to claim damages. This is why it's 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 limitation is a law in a state that sets a deadline for filing a lawsuit. In most states, the statute of limitations starts on the date of the incident or accident that caused your injuries. The time limit to file a lawsuit is dependent on the person you are seeking to sue. If you are suing an entity of municipal government (such as city or county), the deadline will be much shorter. Additionally, there are certain situations that can change the statute of limitations in your particular case. For instance, if were exposed to toxic substances or suffered medical negligence, the time limit may begin when you realize or ought to have realized that your injuries were the result of negligence. In certain instances minors are exempt from the statute of limitation. If you submit an injury claim after the statute of limitations has expired the defendant will likely inform the court about this and ask to dismiss your claim. 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 as soon as you can to discuss your case to determine if you have an official claim. Complaint A complaint is an official legal document filed by a party that asserts a cause of action and seeks judicial relief. The complaint must also specify the kind of compensation the plaintiff seeks. The defendant must then respond within a certain time frame. In general the case, a defendant will deny the claim. If the defendant does not respond, a default judgment may be granted for the petitioner. Personal injury claims are generally caused by bodily injury. Physical injuries can be expensive, and your attorney will ensure that you get paid for any existing medical bills, as well as any future costs that are anticipated. These expenses include medications, home care, and physical therapy. In addition, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of damage is referred to as pain and suffering. The court will set up an initial conference once the complaint has been filed to schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then prepare a Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will also detail the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you seek. If your case is found to have probable cause you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable cause or because the court lacks jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons as well as a complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant has to respond or risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the injuries and damages you've suffered more fully. This may include photos of your injuries, medical expenses and lost wages. The document will also contain information about the incident and how you think the defendant is responsible for the harm. In the middle of a lawsuit, also known as “discovery,” each party has the opportunity to ask questions and look over evidence held by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, therefore your attorney will play an important role in negotiations during this phase. Your lawyer can also ask to have you examined by the doctor of their choice in relation to 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 costs of their examination. After the discovery and inspection, attorneys from both sides can file a document called “Notice of Issue and Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then decide the trial date. During the trial, a jury will determine if the defendant is responsible for the accident and injuries. If the defendant is at fault the jury could award you damages. If the defendant is not at fault then the jury will deny your claim. Trial Personal injury lawsuits can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander), and physical harm caused by accidents such as car crashes and falls. A lawsuit can also be filed for non-physical injuries, such as discomfort and pain, as well as loss of companionship. Your lawyer will conduct an investigation regarding your accident in the early stages of the investigation to determine the exact cause and the extent of your injuries. The lawyer will then engage with the insurance company of the party at fault. Your lawyer will stay in touch with you about any significant developments and discussions throughout the process. If negotiations are unsuccessful the lawyer will file a formal complaint in the court against defendant. A complaint, the first official document filed in a civil suit, lists all parties, describes the incident and alleges wrongdoing. It also seeks compensation. The complaint must be personally served which means it must be physically handed to the defendant. It typically takes one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or acknowledges the allegations made in the Complaint. During this phase your lawyer may provide medical records, documents, and other evidence in support of your case. The defendant's lawyer will submit an answer to these documents and the two sides will engage in further negotiations. If the parties are unable to come to an agreement the mediation or arbitration process could be required before your case is put to trial. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any company that have lien on your monetary award from a specific account before distributing a check.