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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. These lawsuits typically involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will review all of your medical records, as well as other documents, to determine the totality and cost of your injuries and damage. This will help them prepare and negotiate with the insurance company for you. Damages If a plaintiff is successful in an injury lawsuit the courts award them money to pay for their damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are the ones that can be quantified that can be listed, such as medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment are more difficult to quantify. Keep a diary to record how your injuries impacted your life. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the impact on your relationships, your daily pain levels, and episodes of mental anguish, and how injuries affect your ability to participate in the activities you used to take for granted. In many personal injury lawsuits there are multiple defendants. This is especially common when a business or an individual acts with reckless negligence, fraud, and criminal motives. The court can also award punitive damages to deter other people from acting in the same way. When a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to file a response or answer, within 30 days. Typically, Santa Clarita injury lawsuits will deny the allegations in the complaint. After the answer is filed the case will move to a fact-finding stage known as discovery. This is the time when both parties will share relevant information and evidence, including taking depositions under the oath. This is the stage that accounts for the majority of time in the timeline of a personal injury lawsuit. Statute of limitations If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is possible that you'll lose the right to damages. It is crucial to speak with an attorney for personal injuries whenever you can, even if you're not sure whether the accident occurred before the time frame. A statute of limitation is a law in a state that provides a time frame for filing a lawsuit. In many states the statute of limitations begins the date that the accident or incident led to your injuries. The deadline to file a lawsuit for personal injuries is dependent on the person you're suing. For instance, if are seeking to sue a municipal government agency (such as a city or county), the deadline is much shorter. There are also certain situations that may change the statute of limitation in your case. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases, the statute of limitations may be extended for minors. If you file an injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and ask for the case to be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. It is important to consult a personal injury lawyer as soon as you can to discuss your situation and determine if you have an official claim. Complaint A complaint is a formal legal document 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 is then required to respond within a set time period. A defendant will usually decline to respond. If the defendant fails to respond, a default judgment may be entered for the petitioner. In most cases, personal injury claims are based on actual bodily harm. Your attorney will make sure that you are compensated both for the medical bills you are currently paying and any future costs. These include things like medication, home care and physical therapy. You may also be able to claim any loss in your quality of life that is resulted from your injury. This includes things like being unable to drive, sleep or walk normally. This kind of injury is called suffering and pain. When a complaint is filed, the court will convene a preliminary conference to schedule the mandatory oral and physical examinations, as well as any document production. Your lawyer will then prepare an Bill of Particulars. This is a detailed description of your injuries. It will include all your losses including the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in your life and any other damages that are not monetary that you are seeking. If your case is deemed to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a specific time frame. The defendant has to respond, or else risk a default judgement against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which describes the injuries and damages you've suffered more fully. It could include photographs of your injuries, medical expenses and lost wages. It also contains details about the accident and what the defendant is responsible for your injuries. During the middle part of a lawsuit, also known as “discovery,” each party gets to ask questions and look over the evidence of the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney will play an important role in negotiations during this time. Your lawyer can also ask that you are examined by a doctor they choose in connection with the damages or injuries you're claiming. If you don't attend, the judge could dismiss your case, or demand that you pay the defendant for their examination costs. After the 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 ready to go to trial. The judge will then set the trial date. During the trial, the jury will decide if the defendant was accountable for the accident and the injuries you suffered. If the defendant is liable, the jury will award you damages. If the defendant isn't liable then the jury will deny your claim. Trial A personal injury lawsuit involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries such as pain and suffering and loss of companionship. In the early stages of your case the lawyer will investigate your accident in order to fully comprehend what happened and the magnitude of your injuries. Then, he or she will negotiate with the insurance company of the at-fault company. Your attorney will keep in touch with you about any significant developments and discussions throughout the process. If negotiations fail the lawyer will file an official complaint in court against defendant. A Complaint, the first official document in a civil suit, lists all parties, outlines the incident and alleges wrongdoing. It also seeks 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 has been completed and the defendant is required to “answer” the Complaint within a set date, which is usually 30 days. The answer will explain whether the defendant denies or accepts the allegations in the Complaint. In this phase your lawyer could 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 negotiations. If the parties can't come to an agreement, mediation or arbitration may be required prior to the trial can be held. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have lien on your monetary award from a special money escrow before distributing the check.