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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes over compensation for injuries or losses. The cases typically involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review your medical records and other documents to understand the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages When a plaintiff wins a personal injury case, the courts award them money to cover their losses. The funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are expenses that can be itemized and are measurable, such as medical expenses and lost wages. General damages are harder to put a dollar amount on, such as suffering and suffering, as well as loss of enjoyment of life. Keep a diary to record how your injuries affected you. This increases your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, your daily pain levels, and episodes of mental anxiety and how injuries affect your ability to participate in activities that you used to take for granted. In many personal injury lawsuits there are many defendants. This is the most frequent scenario when a business or individual is guilty of fraud, criminal intent, and gross negligence. The court can also give punitive damages to discourage others from acting in the same way. The defendants are served with a summons along with an accusation once the lawsuit has been filed. The defendants will be required to respond (also called an answering) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, as well as depositions under an oath. Portland injury attorney is the majority of a personal injury timeline. Statute 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. This is why it's important to talk to an attorney who specializes in personal injury to discuss your case early even if you're not certain if the incident occurred before the deadline. A statute of limitations is a law of the state that sets a time limit on how long you have to bring a lawsuit for injury. In most states, a statute of limitations starts on the date of the incident or incident caused your injuries. The time limit for filing an injury lawsuit also depends on who you are seeking to sue. If you want to sue an entity of municipal government (such as a county or city) the deadline will be shorter. In addition there are certain circumstances which could change the statute of limitations in your particular case. If you have been 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 due to negligence. In certain instances the statute of limitations may be tolled for minors. If you file an injury claim after the statute of limitations has expired the defendant will likely point this out to the court and request the case to be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. It is important to consult an attorney who specializes in personal injury as soon as possible to discuss your case to determine if you can make an official claim. Complaint A complaint is a legal document filed by a plaintiff that declares a cause of action, and a demand for judicial relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a specified time frame. A defendant is likely to deny the claim. If the defendant does not respond, a default judgment could be made in favor of the petitioner. Personal injury claims are generally founded on bodily injury. Your attorney will ensure that you are compensated both for your current medical bills and any future costs. These costs include medical expenses as well as home care and physical therapy. You may also be able to claim any loss in quality of life that is caused by your injury. This includes things like being unable to walk, drive, or sleep normally. This type of damage is called pain and suffering. When a complaint is made and the court is notified, they will convene a preliminary conference to plan the mandatory oral and physical examinations, as well as any document production. Following the conference your lawyer will draft the Bill of Particulars. This is a detailed description of your injuries. It will include your losses including your future and current medical costs as well as lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in your life and any other damages that are not monetary that you seek. If your case is found to have probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court does not have authority, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and complaint. The plaintiff submits a complaint to the court and sends the defendant a copy by registered or certified mail within a specified time. The defendant must respond, or they risk a default judgement against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries sustained by you in more specific detail. It could 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 accountable for the harm you suffered. In the middle of a lawsuit, called “discovery” the parties is able to ask questions and look over evidence provided by the opposing party. The representatives of the defendant will want to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time. Your lawyer may also request to see you by a physician they select in connection with the injuries or damages you're seeking. If you do not take part, the judge may dismiss your case, or demand that you pay the defendant for the costs of their examination. Once discovery and inspection are completed, the lawyers on both sides may file something called the “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 set the date for a trial. During the trial the jury will decide if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is to blame, the jury may award you damages. If the defendant is not liable and the jury decides to deny your claim. Trial A personal injury case can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed over non-physical injuries like pain and suffering and loss of companionship. In the early stages of your case, your lawyer will research your accident to fully understand what occurred and the extent of your injuries. Then, he or she will work with the insurance company of the at-fault company. Your attorney will keep you informed and up to current on any negotiations and significant developments during this process. If negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, describes the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be served personally and must be physically handed to the defendant. This usually takes a month. Once service is complete the defendant has to “answer” the Complaint within a set date, which is usually 30 days. The answer is whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. In this phase your lawyer will submit documents, medical records as well as other evidence to prove your case. The lawyer representing the defendant will then respond to these documents, and then the two sides will begin discussions. If the parties are unable to reach a settlement and mediation or arbitration might be required prior to your case can go to trial. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have liens on your award through a specialized escrow fund before issuing you a check.