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How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these instances, the defendant is usually the one responsible for the incident. The plaintiff is typically the injured party. Your attorney will review your medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and the damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit the judge will award them money to pay for damages. The money can be awarded as an amount in one lump sum or spread out over a time period in the settlement is structured. Kansas City injury lawsuits are also known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are those that can be quantified that can be itemized like medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify. Writing down the way your injuries have affected you you can help improve your chances of obtaining the most money for damages that are not economic. This includes the impact on your relationships, daily pain levels as well as mental anxiety and your ability to perform things you once took for granted. In many personal injury lawsuits there are multiple defendants. This is especially true when a business or individual commits fraud, criminal intent, and gross negligence. The court can also award punitive damage to discourage others from doing the same thing. When a lawsuit is filed, the defendants will receive a summons and complaint. They must respond or answer, within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer has been filed, the case enters a stage of fact-finding known as discovery. This is where both parties will share relevant information and evidence, including taking depositions under 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 limitations expires, it's likely that you'll lose your right to receive damages. It is essential to speak with an attorney for personal injuries as soon as possible, even if you're not certain whether the incident occurred within the deadline. A statute of limitation is a law in a state that establishes a deadline for filing lawsuits. In most states the statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline for filing a personal injury lawsuit is dependent on the individual you are suing. For instance, if you want to sue a municipal government entity (such as a city or county), the deadline is significantly shorter. Additionally, there are certain situations that could alter the statute of limitations in your situation. For instance, if you were exposed to harmful substances or suffered medical negligence the time limit may begin when you discover, or reasonably should have realized that your injuries were the result of negligence. In certain cases the statute of limitations can be extended for minors. If you submit an injury claim after the statute of limitations has expired, your defendant will likely tell the court about this and ask that your lawsuit be dismissed. In this case the court will dismiss your claim in a hurry without a hearing. It is essential to contact an attorney for personal injuries immediately to discuss your situation and determine if you can make a legal claim. Complaint A complaint is an official legal document that is filed by a party that alleges a cause for action and demands legal relief. The complaint should also state the type of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specific time frame. In general the case, a defendant will not respond to the claim. If the defendant does not respond, default judgment can be entered in the petitioner's favor. Personal injury claims are generally founded on bodily injury. Your attorney will make sure that you get paid for the medical bills you are currently paying and any future costs. This includes things like medications, home care and physical therapy. You can also claim for any loss of quality of life caused by your injuries. This includes things like the inability to walk, drive, or sleep normally. This type of damage is referred to as pain and suffering. When a complaint is made, the court will hold a preliminary conference to set the date for the mandatory oral and physical examinations as well as any document production. After the conference, your lawyer will prepare a Bill of Particulars. This is a thorough description of your injuries. It will include all the losses you have suffered which include the cost of your current and anticipated 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 damages that you're seeking. If your case is found to be probable cause, you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable reason or because the court does not have authority, you can appeal the decision. Summons The formal lawsuit begins with a summons. The plaintiff file a complaint with the court and sends the defendant a copy by certified or registered post within a certain time frame. The defendant must respond or risk a default judgement against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in more detail. This could include photos of your injuries, medical bills and lost wages. The document also contains details about the incident and how you think the defendant is responsible for the damage. In the middle of a lawsuit, referred to as “discovery”, each party is given the chance to ask questions and examine evidence presented by the opposing party. The defendant's representatives will need to have complete information before making settlement offers, therefore your attorney will play an important role in negotiations during this time. Your lawyer can also request that you be examined by the doctor of their choice in relation to the damages and injuries you're seeking. If you fail to attend, the court may dismiss your case. Or order that you pay for the doctor's examination costs. After 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 schedule the trial. During the trial the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is at fault the jury could award you damages. If the defendant isn't at fault then the jury will deny your claim. Trial A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents such as 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 initial stages of your case your lawyer will conduct a thorough investigation of the accident to determine what occurred and the extent of your losses. Then, he or she will work with the insurance company. Your lawyer will keep you up to the minute on any negotiations or important developments throughout the process. After negotiations have failed, your lawyer will file a formal complaint in the court against the defendant. A Complaint, the first official document in a civil suit, identifies all parties, details the incident and lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. This typically takes about one 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 will tell you if the defendant admits to the allegations in the Complaint or denies them. During this time, your lawyer can submit medical records, documents, and other evidence in support of your case. The defendant's lawyer will submit a response to these documents, and the two sides will engage in further negotiations. If the parties can't reach an agreement, then mediation or arbitration may be required before a trial can take place. A large portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any companies that have lien on the money award out of a special account in escrow before he/ they can issue a check.