How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for injuries or losses. The cases typically involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff.
Your attorney will review your medical records and other documentation to understand the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins an injury lawsuit, the courts award them funds to pay for their damages. The 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: general and special. Special damages are expenses which can be listed and are measurable, such as medical expenses and lost wages. General damages are harder to place a dollar value on, like suffering and suffering, as well as loss of enjoyment of life.
Keep a journal in which you can record how your injuries affected you. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. 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 responsible. This is especially true when a business or individual commits criminal intent, fraud, and gross negligence. The court can also award punitive damages to deter other people from acting in the same way.
The defendants will receive an order with an accusation once a lawsuit is filed. The defendants will be required to provide a response (also called an answering) within 30 days. Usually, the defendants will deny the allegations made in the complaint. Once the answer is filed the case will move to a fact-finding stage known as discovery. This is where both parties will share relevant information and evidence, as well as depositions under an oath. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations has expired you could lose the right to collect damages. It is crucial to speak with a personal injury attorney whenever you can even if you're not certain whether the incident occurred before the time frame.
A statute of limitations is a law in a state that sets a deadline for filing an action. In the majority of states the statute of limitations begins the date that the accident or incident caused your injuries. The deadline for filing a lawsuit for personal injuries also varies depending on the individual you are suing. If you intend to sue an entity of municipal government (such as a county or city) the deadline is shorter.
There are also certain situations which could change the statute of limitations in your situation. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance, the statute of limitation can begin when you discover or reasonably should have known that your injuries are due to negligence. In certain instances, the statute of limitations can be tolled for minors.
If you file an injury claim after the statute of limitations has expired, the defendant will most likely inform the court and ask for the case to be dismissed. In this instance the court will dismiss your claim summarily without hearing. That's why it is important to speak with a seasoned personal injury lawyer early to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is a formal legal document that is filed by a person who claims a cause of action and seeks judicial relief. The complaint should also define the type of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a specific timeframe. In general the event of a denial, the defendant will deny the claim. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner.
Personal injury claims are usually caused by bodily injury. Physical injuries can be extremely expensive, and your attorney will ensure that you get paid for any existing medical bills and any anticipated future expenses. These costs include medical expenses or home care as well as physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is called suffering and pain.
The court will call a preliminary conference when the complaint is filed. The court will schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then draft a Bill of Particulars. It is a comprehensive account of your injuries. It will include all of your losses including the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life and any other damages that are not monetary that you seek. If the case is found to be probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and a complaint. The plaintiff file a complaint with the court and sends the defendant a copy via registered or certified mail within a specific time. The defendant has to respond, or else risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which describes the injuries and damages you've suffered in greater detail. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information about the accident and how you believe the defendant is responsible for the injury.
During the middle phase of a lawsuit, called "discovery" in which each party is able to ask questions and examine evidence held by the other 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 phase.
Your lawyer can also request to see you by a physician they select for the injuries or damages you're seeking. If you do not attend, the court could dismiss your case. Or accident injury law firm that you pay for the doctor's examination costs.
Once discovery and inspection are completed, the lawyers on both sides may submit a document referred to as the "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 determine a trial date. During the trial, a jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is liable, the jury will award you damages. If the defendant isn't accountable, the jury will deny your claim.
Trial
Personal injury lawsuits can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) and physical injury from accidents like car crashes and falls. In addition, lawsuits may also be filed over non-physical injuries such as the suffering of others and loss of companionship.
In the early stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend the cause of the incident and the extent of your losses. He or she will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the entire process.
After negotiations have failed and your lawyer has to file a formal complaint in court against the defendant. A Complaint, the first official document filed in a civil suit, lists all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be personally served, which means that it must be delivered physically to the defendant. This usually takes around a month. After service is completed, the defendant must "answer" the Complaint within a set date, which is usually 30 days.
The answer will explain whether the defendant denies or acknowledges the allegations in the Complaint. During this phase, your lawyer can submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will submit an answer to these documents, and the two sides will engage in further negotiations.
If the parties are unable to reach an agreement, mediation or arbitration may be required prior to your case goes to trial. However, a significant percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer must pay any companies that have lien on the money settlement out of a separate account for escrow before he or she will write you an official check.