How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. These cases often involve a person at fault (defendant) and an injured party known as the plaintiff.
Your lawyer will go through your medical records and other documents to assess the full extent of your injuries, costs and damages. This will assist them in preparing and negotiate with the insurance company for you.
Damages
If a plaintiff prevails in a personal injury lawsuit, the courts award them money to pay for their damages. The funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs that can be categorized and quantifiable like medical expenses and lost wages. General damages are harder to quantify a dollar amount on, like pain and suffering and loss of enjoyment of life.
Keep a diary to record the way your injuries affected you. This increases your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels, mental anguish and your ability to do activities you used to take for granted.
In many personal injury lawsuits there are many defendants. This is most common when a business or individual acts with criminal intent, fraud and gross negligence. The court can also award punitive damages to deter others from acting in a similar manner.
After a lawsuit has been filed and the defendants are served with a summons and complaint. The defendants must respond (also known as an answering) within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer is filed, the case enters the phase of fact-finding, also known as discovery. This is the time when both parties will share relevant information and evidence, which includes depositions under an oath. This is the majority of the personal injury timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations runs out you could lose your right to recover damages. That's why it's crucial to consult an attorney for personal injury about your case early on, even if you are not sure if the accident happened within the deadline.
A statute of limitations is a state law that sets a time limit on the time you have to bring a lawsuit for injury. In the majority of states the statute of limitations begins on the date of the incident or incident caused your injuries. The deadline to file a lawsuit for personal injury also varies depending on the individual you are seeking to sue. For instance, if would like to sue a local government entity (such as a city or county), the deadline is significantly shorter.
Additionally, there are certain situations which could change the statute of limitations in your particular case. For example, if you were exposed to toxic substances or suffered medical negligence the statute of limitations could begin when you realize, or reasonably should have discovered, that your injuries were the result of negligence. In certain cases, the statute of limitations may be extended for minors.
If you file a personal injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and ask for your lawsuit to be dismissed. If this occurs, the court will dismiss your claim on the spot without a hearing. It is crucial to speak with an attorney for personal injuries as soon as you can to discuss your case and determine if you have an official claim.
Complaint
A complaint is a legal formal document filed by a person who asserts an actionable cause and demands judicial relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant must then respond within a specified timeframe. A defendant will usually deny the claim. If the defendant fails to respond to the claim, a default judgment could be granted in favor of the petitioner.
Personal injury claims are typically based on actual bodily harm. Physical injuries can be very expensive, and your lawyer will work to ensure you get paid for any existing medical bills as well as any anticipated future expenses. This includes things like medications 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 things such as the inability to walk, sleep or drive normally. This type of damage is known as pain and suffering.
When a complaint is filed and the court is notified, they will convene a preliminary conference to schedule mandatory physical and oral examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a detailed account 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 also detail the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you're seeking. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a finding of no probable cause or because the court does not have jurisdiction, you may appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant by registered or certified mail within a specific time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which sets out the damages and injuries you've sustained more fully. This may include photos of your injuries, medical bills and lost wages. It may also include details of the accident and how the defendant is accountable for your harm.
In the middle of a lawsuit called "discovery," each party gets to ask questions and look over evidence that is held by the other party. Your attorney is crucial during this stage of negotiations because the representatives of the defendant want to have complete information prior to making settlement offers.
Your lawyer can also ask to see you by a physician they select in connection with the damages or injuries you're claiming. If you don't attend, the court may dismiss your case. Also, accident injury lawyers near me may order you to pay for the doctor's examination costs.
After the 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 for trial. The judge will then decide on the trial. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you sustained. If the defendant is to blame the jury could award you damages. If the defendant isn't accountable, the jury will reject your claim.
Trial
A personal injury claim involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit can also be filed for injuries that are not physical like discomfort and pain and loss of companionship.
Your lawyer will conduct an investigation regarding your accident in the initial stages of the case to determine the precise nature and severity of your injuries. Then, he will negotiate with the insurance company. Your attorney will keep you informed and up to current on any negotiations and important developments throughout the process.
After negotiations fail the lawyer will file an official complaint in the court against defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, describes the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. This usually takes a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will tell you if the defendant denies or admits the allegations made in the Complaint. During this time your lawyer will be able to submit documents, medical records as well as other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents, and the two sides will continue to negotiate.
If the parties are unable to come to an agreement, mediation or arbitration could be required prior to trial can begin. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any businesses that have lien on your monetary award from a specific account before distributing an actual check.