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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 situations, the defendant is usually the person at fault. The plaintiff is usually the party who is injured. Your lawyer will go through your medical records and other documentation, to determine the totality and cost of your injuries and damage. This will allow them to prepare and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury lawsuit the court awards the plaintiff money to pay damages. These funds may be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds: general and special. Special damages are those which can be listed and are measurable like medical expenses and lost wages. General damages are difficult to put a dollar amount on, such as suffering and suffering, as well as loss of enjoyment of life. Keep a journal to document the way your injuries affected you. This will increase your chance of receiving the most compensation for any non-economic losses. This includes the effect on your relationships, pain levels throughout the day, 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 business or an individual commits gross negligence, fraud, and criminal intention. The court may also award punitive damages to deter others from committing the same way. When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants will be required to submit a response (also called an answering) within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer has been filed, the case enters the phase of fact-finding, also known as discovery. This is when the parties exchange pertinent information and evidence, including depositions under the oath. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline. 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. It is crucial to speak with an attorney in personal injury as soon as possible even if you're not sure whether the accident occurred before the timeframe. A statute of limitations is a law of the state that sets a deadline on how long you have to bring a lawsuit for injury. In many states the statute of limitations begins the date of the incident or incident led to your injuries. The time limit for filing a lawsuit for injury is dependent on the person you are seeking to sue. If you want to sue an entity of municipal government (such as city or county), the deadline will be shorter. There are also certain situations that could alter the time limit in your case. For example, if you were exposed to harmful substances or a victim of medical negligence the time limit may begin when you realize, or reasonably should have discovered, that your injuries were the result of negligence. In certain cases the statute of limitations can be tolled for minors. If you file a personal injury claim after the time limit has expired, the defendant will most likely inform the court and ask for your lawsuit to be dismissed. In this instance the court will dismiss your claim without hearing. It is crucial to speak with a personal injury lawyer as soon as possible to discuss your case and determine if you have an official claim. Complaint A complaint is an official legal document that is filed by a person who asserts a cause of action and seeks judicial relief. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specified time frame. In general the case, a defendant will deny the claim. If the defendant does not respond, a default judgment could be made in favor of the petitioner. In the majority of cases, personal injury claims can result in bodily injury. Physical injuries can be very expensive, and your attorney will ensure that you receive compensation for any current medical bills, as well as any anticipated future expenses. This includes things like medications or home care, as well as physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes things such as the inability to drive, sleep or walk normally. This type of damage is known as pain and suffering. When a complaint is made and the court is notified, they will convene a preliminary conference to schedule obligatory oral and physical examinations as well as any document production. Your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered which include the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will also outline the possible emotional distress and disfigurement, the loss of enjoyment of life and any other damages that are not monetary you are seeking. If your case is deemed to have 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 doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant via registered or certified mail within a specified timeframe. The defendant must respond or risk default judgment against them. Columbia injury attorney You Tube will submit a Bill of Particulars, which details the damages and injuries you've suffered more fully. This could include photos of your injuries, medical bills and lost wages. It may also include details of the accident and how the defendant is accountable for the harm you suffered. In the middle of a lawsuit referred to as “discovery,” each party is allowed to ask questions and look over the evidence of the other party. Your attorney is crucial in this stage of negotiations as the representatives of the defendants want full information before making settlement offers. Your lawyer can also ask to have you examined by a doctor of their choosing regarding the injuries and damages you're claiming. If you don't attend, the judge could dismiss your case or order that you pay the defendant the cost of their examination. After a discovery and inspection, attorneys from both sides may file a document called “Notice of Issue & Statement of Ready for Trial” to inform the court that their case is prepared to go to trial. The judge will then set the date for the 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 responsible and the jury awards you damages. If the defendant is not at fault, the jury will reject your claim. Trial A personal injury case involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical, such as pain and discomfort and loss of companionship. In the early stages of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your damages. The lawyer will then negotiate with the insurance company of the party who is at the fault. Your lawyer will keep you informed and up to date on any negotiations and important developments throughout the process. If negotiations fail the lawyer will file an official complaint in the court against defendant. A Complaint is the initial official document in a civil lawsuit. It names the parties, explains the incident, claims that there was wrongdoing, and requests compensation. The complaint must be personally served which means it must be physically handed to the defendant. This typically takes about one month. After service is completed the defendant has to “answer” the Complaint within a set date, which is usually 30 days. The answer will tell you if the defendant denies or accepts the allegations in the Complaint. At this point your lawyer could provide medical records, documents and other evidence to support your argument. The attorney representing the defendant will then respond to these documents, and then the two sides will start negotiations. If the parties are unable to reach an agreement, mediation or arbitration may 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 company that have liens on your award through a specialized money escrow before distributing an actual check.