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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving compensation for losses or injuries. In these cases, the defendant is usually the person at fault. The plaintiff is typically the injured party. Your lawyer will go through all of your medical records along with other documentation, to determine the full extent and cost of your injuries and damages. This will help them prepare and negotiate with the insurance company for you. Damages When a plaintiff wins in a personal injury claim, the court will award them money to pay for damages. The funds may be awarded in an amount in one lump sum or spread over a time period or as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized, such as medical bills and lost earnings. General damages are more difficult to quantify a dollar amount on, like pain and suffering and loss of enjoyment. Keep a journal in which you can record the way your injuries affected you. Fort Lauderdale injury lawyer will increase your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels and bouts of mental anguish and how your injuries impact your ability to take part in activities that you used to take for granted. In a majority of personal injury cases, more than one defendants are at fault. This is the most frequent scenario when a business or individual acts with fraud, criminal intent, and gross negligence. The court may also give punitive damages to discourage others from committing the same manner. When a lawsuit is filed, the defendants will receive a summons and complaint. They must respond or answer, within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed, the case is moved to an investigation known as discovery. This is when both parties will exchange relevant information and evidence, which includes taking depositions under the oath. This is the stage that accounts for the majority of the time in the timeline of personal injury lawsuits. Statute of limitations If you make a claim for injury after the statute of limitations expires, it's likely that you'll lose the right to damages. That's why it is important to talk to 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 limitation is a law in a state that sets a deadline for filing an action. In the majority of states, the statute of limitations begins on the date of the accident or incident that caused your injuries. The deadline to file a lawsuit also depends on who you are suing. If you intend to sue an entity that is a part of the municipal government (such as the city or county) the deadline will be shorter. There are certain circumstances that could alter the time limit in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain cases minors are exempt from the statute of limitations. If you submit a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and request to dismiss your claim. If this occurs, the court could dismiss your claim on the spot without a hearing. This is why it's crucial 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 asserts a cause of action and demands legal relief. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant must then respond within a certain timeframe. A defendant will usually deny the claim. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf. Most personal injury claims can result in bodily injury. Physical injuries can be very expensive, and your lawyer will work to ensure that you get paid for any existing medical bills and any anticipated future expenses. These expenses include medication as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This type of damages is referred to as pain and suffering. The court will call 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. After the conference, your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will also detail the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that you seek. If your case is determined to be 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 can appeal the decision. Summons The formal lawsuit process begins with a summons as well as a complaint. The plaintiff submits the complaint to 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 a default judgment 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 greater depth. It could include photos of your injuries, medical bills, and lost wages. It also includes details of the accident and what the defendant is responsible for your injuries. In the middle of a lawsuit, also known as “discovery” the parties is given the chance to ask questions and examine evidence held by the other party. Your attorney will be important during this stage of negotiations since the representatives of the defendants want complete information before they make settlement offers. Your lawyer can also ask to see you by a doctor they choose in relation to the damages or injuries you're seeking. If you fail to attend, the court could dismiss your case. Or, they may require that you pay for the defendant's exam costs. Once discovery and inspection are completed, the lawyers on both sides may file something called the “Notice of Issue and Statement of Readiness 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 determine if the defendant is responsible for the accident and your injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not responsible then the jury will dismiss your claim. Trial A personal injury lawsuit encompasses a range of injuries which include wrongful deaths; 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 for physical injuries, such as suffering and pain, as well as loss of companionship. In the beginning of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your damages. Then, he will negotiate with the insurance company. Your lawyer will keep you informed and up to current on any negotiations and significant developments during this process. If negotiations fail and your lawyer has to make a formal complaint to the court against the defendant. A Complaint is the initial official document in a civil suit that identifies the parties, describes the incident, alleges wrongdoing, and requests compensation. The complaint must be personally served which means it must be physically handed to the defendant. This usually takes around a month. After service, the defendant has 30 days to “answer” the Complaint. The answer will tell you if the defendant admits to the allegations in the Complaint or refuses to acknowledge them. During this time your lawyer will be able to submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will respond to these documents, and then the two sides will begin negotiations. If the parties are not able to come to an agreement, mediation or arbitration may be required before your case can go to trial. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any companies that have lien on your monetary award from a specific money escrow before distributing a check.