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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. In these instances the defendant is typically the person responsible for the incident. The plaintiff is typically the party who is injured. Your lawyer will go through your medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit the court will award the plaintiff money to pay damages. These funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Fort Lauderdale injury lawsuits are those that can be quantified that can be itemized for medical expenses and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of life are more difficult to quantify. Keep a diary to record how your injuries impacted you. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels and bouts of mental stress, and how injuries affect your ability to take part in activities you once took for taken for granted. In a lot of personal injury cases, multiple defendants are at fault. This is most common when an individual or business acts with the most blatant negligence, fraud and criminal motives. The court may also make punitive damages in order to discourage others from committing the same manner. The defendants receive an order with a complaint after the lawsuit has been filed. The defendants must respond (also known as an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. This is the time when the parties exchange pertinent information and evidence, which includes depositions under an oath. This stage 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 consult a personal injury lawyer about your case early even if you're not sure if the accident occurred within the timeframe. A statute of limitations is a law in a state that sets a deadline on how long you have to bring a lawsuit for injury. In most states, the statute of limitations runs at the time of the accident or incident that caused your injuries. The deadline for filing a lawsuit for personal injuries also varies depending on the person you are seeking to sue. If you want to sue an entity of municipal government (such as the city or county), the deadline will be shorter. Additionally, there are certain situations which could change the statute of limitations in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases, the statute of limitations is extended for minors. If you file a personal injury claim after the time limit has expired the defendant will likely to inform the court and ask for the dismissal of your lawsuit. In this case the court will dismiss your claim without a hearing. It is crucial to speak with a personal injury lawyer as soon as you can to discuss your situation and determine if you can make a legal claim. Complaint A complaint is a formal legal document that is filed by a person who claims a cause of action and demands legal relief. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specified time frame. In general the event of a denial, the defendant will deny the claim. If the defendant does not respond, default judgment can be entered in the petitioner's favor. Most personal injury claims can result in bodily harm. Your attorney will ensure that you get paid for the medical bills you are currently paying and any future costs. This includes things like medications or home care, as well as physical therapy. You can also claim any loss in quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is called pain and suffering. If a complaint is filed when a complaint is filed, the court will hold a preliminary conference to set the date for obligatory oral and physical examinations as well as any document production. Your lawyer will then draft an Bill of Particulars. This is a detailed account of your injuries. It will include all the losses you have suffered which include the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life and any other damages not monetary you seek. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision. Summons The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant through certified or registered mail within a specific time frame. The defendant must respond, or else 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 expenses and lost wages. It also contains details about the accident and how the defendant is responsible for your harm. During the middle phase of a lawsuit, referred to as “discovery” the parties has the opportunity to ask questions and examine evidence held by the other party. The defendant's representatives will want to have all the facts before making settlement offers, so your attorney will play a crucial role in negotiations during this time. Your lawyer can also request to have you examined by the doctor of their choice in regard to the damages and injuries you're claiming. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. After a 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 set the trial date. 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 and the jury awards you damages. If the defendant is not at fault, the jury will reject your claim. Trial Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit could also be filed for physical injuries such as pain and discomfort and loss of companionship. In the initial stages of your case the lawyer will investigate the accident to determine what happened and the magnitude of your losses. Then, he will negotiate with the insurance company of the at-fault company. Your lawyer will stay in touch with you on any significant developments and negotiations throughout the process. Once negotiations have failed and your lawyer has to file a formal complaint in the court against the defendant. A Complaint, which is the first official document of a civil suit, lists all parties, outlines the incident, and claims that there was wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. This typically takes about a month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will explain whether the defendant denies or admits the allegations in the Complaint. During this phase your lawyer may submit medical records, documents, and other evidence in support of your case. The attorney representing the defendant will then reply to these documents, and then the two sides will begin negotiations. If the parties cannot reach an agreement, mediation or arbitration could be required before trial can begin. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any companies with liens on your monetary award from a specific account before distributing an actual check.