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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These cases often involve a party who is at the fault (defendant) and an injured party referred to as the plaintiff. Your lawyer will review all medical records and other documentation, to determine the totality and cost of your injuries and damages. This will help them prepare and negotiate with the insurance company on behalf of you. Damages When a plaintiff wins in a personal injury lawsuit the judge awards the plaintiff money to pay damages. The funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are Greensboro injury lawsuits : general and special. Special damages are those which can be listed and quantifiable like medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment of life are more difficult to quantify. Keep a journal in which you can record how your injuries impacted you. This will increase your chance of receiving the most compensation for any non-economic losses. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to do activities you used to take for granted. In a majority of personal injury cases, more than one defendants are responsible. This is most common when a business or individual acts with fraud, criminal intent and gross negligence. The court can also award punitive damage to deter other people from acting in the same way. Once a lawsuit is filed and the defendants are served with a summons and complaint. They must respond, also known as an answer within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. This is where both parties will share relevant information and evidence, including taking depositions under the oath. This is where you will find the majority of time in a personal injury lawsuit timeline. Statute of limitations If you make a claim for injury after the statute of limitations expires, it's likely that you will lose your right to receive damages. This is why it's important to speak with an attorney for personal injury about your case as early as possible even if you're not certain if the incident occurred within the timeframe. A statute of limitations is a law of the state which sets a time frame on the amount of time you must bring a lawsuit for injury. In many states the statute of limitations begins at the time of the accident or incident that led to your injuries. The deadline for filing a lawsuit for injury also depends on who you are suing. If you are suing an entity of municipal government (such as the city or county), the deadline will be much shorter. There are also certain situations which could change the statute of limitation in your particular case. For instance, if were exposed to harmful substances or a victim of medical negligence, the statute of limitations may start when you discover or ought to have realized that your injuries were caused by negligence. In some cases, the statute of limitations is extended for minors. If you submit a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and request that your lawsuit be dismissed. If this happens, the court will dismiss your claim on the spot without a hearing. It is essential to contact an attorney for personal injuries as soon as possible to discuss your situation and determine if you can make a legal claim. Complaint A complaint is a formal legal document filed by a plaintiff that asserts an 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 set time period. In general, a defendant will not respond to the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor. Personal injury claims are typically founded on bodily injury. Your lawyer will ensure that you receive compensation for the medical bills you are currently paying and any future costs. These expenses include medication 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 things like being unable to walk, sleep or drive normally. This kind of injury is referred to as pain and suffering. The court will schedule the preliminary conference after a complaint has been filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then draft an Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered which include the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will also describe the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that you're seeking. If the case is determined to be a probable cause the case will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable reason or because the court is not in jurisdiction, you can appeal the decision. Summons The formal process of a lawsuit begins with a summons and a complaint. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant via registered or certified mail within a specific timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in more specific detail. It 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 accountable for the damage. In the middle of a lawsuit, also known as “discovery” the parties is able to ask questions and look over evidence held by the other party. Your attorney will be important in this stage of negotiations as the representatives of the defendants want complete information prior to making settlement offers. Your lawyer can also ask that you are examined by a doctor they choose for the injuries or damages you're claiming. If you fail to attend, the court could dismiss your case. Or, they may require that you pay for the defendant's exam costs. Once discovery and inspection are completed, the lawyers on each side can submit a document referred to as an “Notice of Issue and Statement of Readyness for Trial.” This informs the court that your 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 responsible for the accident and your injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not at fault then the jury will deny your claim. Trial A personal injury claim can result in a variety 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 can also be filed for injuries that are not physical such as discomfort and pain, as well as 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 losses. Then, he will negotiate with the at-fault party's insurance company. Your lawyer will stay in contact with you regarding any significant developments and negotiations throughout the entire 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 civil lawsuits, names all parties, describes the incident and lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. This typically takes about one month. After service, the defendant is given 30 days to “answer” the Complaint. The answer will tell you if the defendant denies or admits the allegations made in the Complaint. In this phase your lawyer could submit documents, medical records and other evidence to back your case. The defendant's attorney will then respond to these documents, and then the two sides will begin further negotiations. If the parties are unable to come to an agreement, mediation or arbitration may be required prior to your case goes to trial. A significant portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any businesses that have lien on the settlement out of a separate account for escrow before he or they can issue a check.