How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for injuries or losses. The cases typically involve a person who is at fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will review all medical records and other documents, to determine the full extent and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in a personal injury case the court gives the plaintiff a sum of money to cover damages. The money can be awarded in an amount in one lump sum or spread out over a time period in an agreed settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are expenses that can be categorized and are measurable, such as medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment are more difficult to quantify.
Keep a journal to document the way your injuries affected you. This increases your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to do activities you used to take for granted.
In a lot of personal injury cases, multiple defendants are accountable. This is particularly true when a person or business is guilty of the most blatant negligence, fraud and criminal intention. The court can also make punitive damages in order to discourage others from committing the same manner.
After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants must respond (also called an answering) within 30 days. Typically, defendants deny the allegations in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. This is when both parties will share relevant information and evidence, which includes depositions under an 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 likely that you will lose the right to damages. It is important to consult an attorney in personal injury as soon as you can, even if you're not certain whether the incident occurred within the timeframe.
A statute of limitations is a law in a state that sets a time limit on the time you have to bring a lawsuit for injury. In the majority of states, a statute of limitations starts on the date that the accident or incident caused your injuries. The time frame for filing a lawsuit for injury is dependent on the person you are suing. If you want to sue an entity that is a part of the municipal government (such as the city or county), the deadline will be shorter.
There are other situations which could change the time limit in your case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or reasonably should have known that your injuries are the result of negligence. In some cases minors are exempt from the statute of limitations.
If you file an injury claim after the statute of limitation has expired Your defendant is likely to tell the court about this and request 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 who specializes in personal injury immediately to discuss your situation and determine if you are eligible to file a legal claim.
Complaint
A complaint is a legal document filed by a plaintiff which alleges a cause of action and demands legal relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant must then respond within a specific time frame. The defendant is usually able to deny the claim. If the defendant does not respond, a default judgment may be granted in favor of the petitioner.
Most personal injury claims involve actual bodily harm. Your lawyer will ensure that you are compensated both for the medical bills you are currently paying and any future expenses. These include things like medication as well as home care and physical therapy. In addition, you can claim for any loss of quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is called suffering and pain.
The court will set up a preliminary conference when the complaint has been filed. The court will schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will then draft an Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in your life as well as any other non-monetary damages that you are seeking. If your case is deemed 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 jurisdiction, you may appeal the decision.
Summons
The formal lawsuit process starts with a summons and complaint. The plaintiff file a complaint with the court and then sends the defendant a copy by certified or registered post within a specific time. accident injury lawyers near me must respond or risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which details the injuries and damages you've suffered more fully. It could include photos of your injuries, medical bills and lost wages. It also includes details of the accident and how the defendant is accountable for your harm.
In the middle of a lawsuit, also known as "discovery," each party is allowed to ask questions and examine the evidence of the other party. Your attorney is crucial in this phase of negotiations as the defendant's representatives want full information before making settlement offers.
Your lawyer can also ask to have you examined by any doctor they choose regarding the injuries and damages you're claiming. If you do not attend, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs.
After discovery and inspection have been completed, attorneys on both sides may file something called a "Notice of Issue" and a "Statement of Readiness for Trial." This informs the court that your case is ready to go to trial. The judge will then decide on a trial. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is accountable, the jury will award you damages. If the defendant is not liable then the jury will deny your claim.
Trial
Personal injury claims can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander), and physical harm from 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.
Your lawyer will conduct a thorough investigation on the accident during the initial stages of the case to determine the precise nature and severity of your injuries. Then, he or she will work with the insurance company. Your lawyer will keep you up to date on any negotiations and important developments throughout the process.
If negotiations fail the lawyer will file a formal complaint in court against defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, describes the incident, alleges wrongdoing, and seeks compensation. The complaint must be personally served and must be physically handed to the defendant. This typically takes about a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will tell you if the defendant acknowledges the allegations made in the Complaint or denies them. During this phase your lawyer may submit documents, medical records and other evidence to support of your case. The lawyer representing the defendant will respond to these documents, and then the two sides will start discussions.
If the parties cannot reach an agreement, mediation or arbitration could be required prior to trial can begin. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any company with liens on your monetary award from a special escrow fund before issuing you a check.