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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 instances, the defendant is usually the one who is who is at fault. The plaintiff is typically the victim. Your lawyer will review all medical records along with 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 on behalf of you. Damages When a plaintiff wins in a personal injury claim, the judge gives them money to pay for damages. The funds may be awarded as an amount in one lump sum or spread out over a period of time, as part if an agreed settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are the ones that can be quantified that can be itemized for medical expenses and lost earnings. General damages are harder to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life. Keep a journal to document how your injuries affected your life. This will increase your chance of receiving the most compensation for the non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis, 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 most common when a person or business is guilty of reckless negligence, fraud, and criminal intent. The court can also make punitive damages in order to discourage others from committing the same manner. The defendants receive an order with a complaint once the lawsuit has been filed. They will then be required to respond or answer within 30 days. Usually, defendants deny the allegations in the complaint. Once the answer is filed and the case is referred to as a fact-finding stage known as discovery. This is when both parties will share relevant information and evidence, as well as taking depositions under the oath. This is the majority of the timeline for personal injuries. Statute of limitations If you file an injury lawsuit after the statute of limitations runs out you could lose the right to claim damages. It is important to consult an attorney in personal injury as soon as you can even if you're unsure certain if the incident occurred before the deadline. A statute of limitations is a state law which sets a time frame on the amount of time you can bring a lawsuit for injury. In most states the statute of limitations begins with the date of the incident or accident which caused your injuries. The time limit to file a lawsuit also depends on the party you are seeking to sue. For instance, if you are seeking to sue a municipal government entity (such as a city or county) the deadline is much shorter. There are other situations that may change the statute of limitations in your case. If you were exposed to toxic substances or suffered from medical malpractice, for instance, the statute of limitation can begin when you discover or ought to have known that your injuries are due to negligence. In certain instances, the statute of limitations can be tolled for minors. If you file an injury claim after the time limit has expired, the defendant will most likely to inform the court and request the case to be dismissed. If this occurs, the court could summarily dismiss your claim without hearing. It is crucial to speak with a personal injury lawyer as soon as you can to discuss your case and determine if you have an official claim. Complaint A complaint is a formal legal document that is filed by a party that alleges a cause for action and demands judicial relief. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant must then respond within a certain time frame. A defendant will usually deny the claim. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf. Most personal injury claims involve actual bodily injury. Your lawyer will ensure that you get paid for medical bills currently incurred and any future expenses. This includes things like medications as well as home care and physical therapy. You can also claim for any loss in your quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This type of damages is known as suffering and pain. When a complaint is filed when a complaint is filed, the court will convene a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. After the conference your lawyer will draft a Bill of Particulars. This is a thorough description of your injuries. It will include all your losses including the cost of your current and future medical bills, lost earnings and property damage. Your lawyer will also describe the alleged emotional distress or disfigurement, loss of enjoyment of life and any other non-monetary damages you're seeking. If your case is found to be a 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 are able to appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant by certified or registered mail within a specified time frame. The defendant must respond or risk default judgment against them. Harlingen injury lawsuit will prepare an Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It may include photographs of your injuries, medical bills and lost wages. The document also includes information regarding the accident and why you think the defendant is responsible for the injury. In the middle of a lawsuit, also known as “discovery” in which each party is given the chance to ask questions and look over evidence presented by the opposing party. The defendant's representatives will want to have complete information before making settlement offers, and your attorney will play an important role in negotiations during this phase. Your lawyer can also ask to see you by a doctor they select in connection with the damages or injuries you're seeking. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. Once discovery and inspection are completed, the lawyers on each side can submit a document referred to as the “Notice of Issue” and a “Statement of Readyness for Trial.” This informs the court that your case is ready to go to trial. The judge will then decide on the trial. During the trial the jury will determine if the defendant is responsible for the accident and the injuries you sustained. If the defendant is liable, the jury will award you damages. If the defendant is not at fault, the jury will reject your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. A lawsuit may also be filed for physical injuries such as pain and discomfort and loss of companionship. In the early stages of your case, your lawyer will research your accident in order to fully comprehend what happened and the magnitude of your damages. He or she will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will keep in touch with you on any significant developments and discussions throughout the process. After negotiations fail, your lawyer will file an official complaint in court against defendant. A complaint, the first official document filed in civil lawsuits, names all parties, details the incident, and claims that there was wrongdoing. It also demands compensation. The complaint must be personally served which means it must be physically handed to the defendant. It usually takes about a month. After service is completed and the defendant is required to “answer” the Complaint within a specified date, which is usually 30 days. The answer is whether the defendant admits to the allegations made in the Complaint or denies them. During this stage, your lawyer may submit documents, medical records and other evidence to support your argument. The defendant's lawyer will submit a response to these documents and the two parties will continue to negotiate. If the parties are unable to come to an agreement, mediation or arbitration may be required before the trial can be held. A significant portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer has to pay any companies with lien on the award out of a special account for escrow before he or will issue you a check.