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How Personal Injury Lawsuits Work Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. In these instances the defendant is typically the person who is at fault. The plaintiff is typically the party who is injured. Your attorney will examine your medical records and other documents to determine the extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company for you. Damages When a plaintiff wins a personal injury case the courts award them money to pay for their damages. These funds may 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 types of compensatory damages: special and general. Special damages are those which can be listed and quantifiable, 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 impacted your life. This will increase your chance of receiving the maximum amount of compensation for noneconomic damages. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to perform things you used to take for granted. In Tampa injury lawyer YouTube , 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 make punitive damages in order to discourage others from committing the same manner. Once a lawsuit is filed the defendants will be served with a summons and complaint. The defendants must provide a response (also called an answering) within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. This is when both parties will exchange relevant information and evidence, as well as taking depositions under the oath. This stage takes up the majority of the timeline for personal injuries. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitation expires, it's likely that you will lose the right to damages. It is crucial to speak with a personal injury attorney whenever you can even if you're not certain if the incident occurred within the time frame. A statute of limitations is a law of the state which sets a time frame on the time you must bring a lawsuit for injury. In the majority of states the statute of limitations starts on the date of the incident or incident caused your injuries. The time frame for filing an injury lawsuit also depends on who you are seeking to sue. For example, if you are seeking to sue a municipal government entity (such as a county or city) the deadline is shorter. There are also certain situations which could change the statute of limitations in your situation. If you were exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations could begin when you realize or reasonably should have known that your injuries are due to negligence. In certain cases, the statute of limitations can be tolled for minors. If you file a claim for injury after the statute of limitations has expired the defendant will likely inform the court of this and request that your lawsuit be dismissed. In this scenario the court will decide to dismiss your claim without hearing. This is why it's important to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a formal legal document filed by a person who asserts a cause of action and demands judicial relief. The complaint should also define the type of relief the plaintiff seeks. The defendant is then required to respond within a specific timeframe. In general, a defendant will not respond to the claim. If the defendant does not respond, default judgment can be made in favor of the petitioner. Personal injury claims are usually based on actual bodily harm. Your attorney will ensure that you receive compensation for the medical bills you are currently paying as well as any future expenses. These include things like medication, home care and physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damages is referred to as suffering and pain. The court will schedule the preliminary conference after the complaint is filed. This will be used to schedule any required oral or physical examinations and also the production of any documents. After the conference, your lawyer will prepare the Bill of Particulars. This is a detailed account of your injuries. It will include your losses including future and present medical costs as well as lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in life and any other damages that are not monetary that you're seeking. If your case is found to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit process starts with a summons and a complaint. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant via registered or certified mail within a specified timeframe. The defendant has to respond, or else risk default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. This could include photos of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you think the defendant is accountable for the damage. In the middle of a lawsuit referred to as “discovery,” each party gets to ask questions and examine evidence held by the other party. The defendant's representatives will need to have all the facts before making settlement offers, therefore your attorney plays a significant role in negotiations during this time. Your lawyer can also request to have you examined by a doctor of their choosing in relation to the injuries and damages you're claiming. If you fail to attend, the judge could dismiss your case or order that you pay the defendant for the cost of their examination. After discovery and inspection have been completed, attorneys on each side can submit a document referred to as an “Notice of Issue and Statement of Readiness for Trial.” This informs the court that your case is prepared to go to trial. The judge will then decide an appointment date for the trial. During the trial the jury will decide if the defendant is accountable for the accident and the injuries you suffered. If the defendant is accountable and the jury awards you damages. If the defendant is not responsible then the jury will dismiss your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit may also be filed for non-physical injuries such as pain and discomfort and loss of companionship. In the beginning of your case, your lawyer will research the accident to determine what happened and the magnitude of your damages. The lawyer will then engage with the insurance company of the party at fault. Your lawyer will stay in contact with you regarding any significant developments and negotiations throughout the process. After negotiations fail the lawyer will file a formal complaint in the court against defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, describes the incident, argues for wrongdoing and demands compensation. The complaint must be personally served which means it must be delivered physically to the defendant. It usually takes about one month. After service, the defendant will have 30 days to “answer” the Complaint. The answer will reveal whether the defendant denies or admits the allegations in the Complaint. In this phase, your lawyer may submit medical records, documents as well as other evidence to prove your argument. The lawyer representing the defendant will then respond to these documents and then the two sides will begin further negotiations. If the parties are not able to come to an agreement the mediation or arbitration process could be required before your case is put to trial. A large portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any businesses that have lien on the money award out of a special account for escrow before he or they can issue an official check.