How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for losses or injuries. The cases typically involve a person who is at the fault (defendant) and an injured party known as the plaintiff.
Your attorney will review all medical records, as well as other documents, to determine the full extent and cost of your injuries and the damages. This will help them prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in a personal injury case, the judge will award the plaintiff a sum of money to cover damages. These funds may be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be itemized and quantifiable like medical expenses and lost wages. General damages are more difficult to quantify a dollar amount on, such as pain and suffering and loss of enjoyment of life.
Keep a journal in which you can record the way your injuries affected your life. This increases your chances of receiving maximum compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels, and episodes of mental stress and how your injuries impact your ability to engage in the activities you used to take for taken for granted.
In many personal injury lawsuits there are many defendants. This is especially true when a business or person commits criminal intent, fraud, and gross negligence. The court may also award punitive damages to discourage others from acting in the same way.
The defendants are served with a summons along with an accusation once the lawsuit has been filed. The defendants will be required to submit a response (also called an answer) within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. Both parties will exchange information and evidence during this phase, including taking depositions. This is where you will find the majority of time in the timeline of personal injury lawsuits.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you'll lose your right to receive damages. It is crucial to speak with an attorney in personal injury whenever you can even if you're unsure sure whether the accident occurred within the time frame.
A statute of limitations is a law of the state that establishes a deadline for filing an action. In most states the statute of limitations begins the date of the incident or incident caused your injuries. The deadline for filing a lawsuit for personal injury is dependent on the individual you are seeking to sue. For instance, if want to sue a municipal government entity (such as a city or county) the deadline is much shorter.
There are other situations that could alter the time limit in your case. For instance, if were exposed to harmful substances or a victim of medical malpractice The time limit may begin when you discover, or reasonably should have realized, that your injuries were caused by negligence. In some cases minors are exempt from the statute of limitations.
If auto accident injury file a claim for injury after the statute of limitations has expired the defendant will likely inform the court of this and ask to dismiss your claim. In this instance the court will dismiss your claim without a hearing. It is crucial to speak with a personal injury lawyer as soon as possible to discuss your situation and determine if you are eligible to file an official claim.
Complaint
A complaint is a legal document filed by a plaintiff that declares an actionable cause, and a demand for judicial relief. The complaint should also state the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific time period. A defendant is likely to deny the claim. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor.
Personal injury claims are generally caused by bodily injury. Your lawyer will ensure that you receive compensation for medical bills currently incurred and any future costs. This includes things like medications or home care, as well as physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is known as suffering and pain.
When a complaint is made, the court will hold a preliminary conference to schedule mandatory physical and oral examinations, as well as any document production. Your lawyer will then prepare the Bill of Particulars. It is a comprehensive description of your injuries. It will include your losses including future and present medical expenses, lost wages and property damage. Your lawyer will also detail the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages 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 as a result 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 begins with the issue of a summons. The plaintiff submits a complaint to the court and sends the defendant a copy by registered or certified mail within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical expenses and lost wages. It may also include details of the accident and how the defendant is responsible for your injuries.
In the middle of a lawsuit, called "discovery", each party is able to ask questions and review evidence held by the other party. Your attorney is crucial in this stage of negotiations since the representatives of the defendants want complete information before they make settlement offers.
Your lawyer can also ask that you undergo an examination by a doctor of their choosing in regard to the damages and injuries you're claiming. If you fail to take part, the judge may dismiss your case or order that you pay the defendant for the cost of their examination.
After discovery and inspection have been completed, the lawyers 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 prepared to go to trial. The judge will then determine a trial date. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is responsible, the jury may award you damages. If the defendant isn't accountable then the jury will deny your claim.
Trial
A personal injury claim involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit may also be filed for physical injuries, such as discomfort and pain and loss of companionship.
In the initial stages of your case, your lawyer will research your accident to fully understand what happened and the magnitude of your losses. He or she will then engage with the insurance company of the party who is at fault. Your attorney will keep you informed and up to the minute on any negotiations or important developments throughout the process.
If negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. A Complaint, the first official document in a civil suit, lists all parties, describes the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be served personally and must be handed over physically to the defendant. It typically takes approximately a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer is whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. In this phase your lawyer will submit medical records, documents and other evidence to support your argument. The lawyer representing the defendant will submit a response to these documents and the two sides will engage in further negotiations.
If the parties are unable to come to an agreement the mediation or arbitration process could be required before your case can go to trial. A large portion of personal injury cases are settled outside of court. When a settlement is reached, your lawyer must pay any businesses that have lien on the settlement through a specific escrow account before he or she will write you a check.