How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these situations the defendant is usually the one who is at fault. The plaintiff is usually the party who is injured.
Your attorney will examine your medical records and other documentation to determine the extent of your injuries, expenses and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins a personal injury case, the courts award them money to cover their losses. The money can be awarded as lump sums or spread out over a time period or as part of an agreed settlement. These funds are referred to as compensatory damages. There are two kinds 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 harder to place a dollar value on, like suffering and suffering, as well as loss of enjoyment of life.
Keeping a journal detailing how your injuries have affected you can help improve your chances of obtaining the most money for damages that are not economic. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to do things you used to take for granted.
In a majority of personal injury cases, multiple defendants are responsible. This is especially common when a person or business commits the most blatant negligence, fraud and criminal motives. The court may also award punitive damage to deter other people from doing the same thing.
When a lawsuit is filed the defendants will be served with a summons and complaint. The defendants must respond (also called an answer) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, which includes depositions under oath. This is the stage that accounts for the majority of the time in the timeline of personal injury lawsuits.
Statute of limitations
If you make a claim for injury after the statute of limitation expires, it's likely that you'll lose your right to receive damages. That's why it's crucial to speak with an attorney who specializes in personal injury to discuss your case early even if not certain if the incident happened within the deadline.
A statute of limitations is a state law that sets a time limit on the time you can make an injury lawsuit. In many states the statute of limitations begins on the date of the incident or incident caused your injuries. The time limit for filing a lawsuit for injury also depends on the party you are suing. If you are suing an entity that is a part of the municipal government (such as the city or county), the deadline is shorter.
Additionally, there are certain situations that can change the statute of limitations in your particular case. For instance, if were exposed to harmful substances or a victim of medical negligence the time limit may begin when you realize or should have discovered, that your injuries were the result of negligence. In certain cases minors are not subject to the statute of limitation.
If you submit an injury claim after the statute of limitation has expired, your defendant will likely inform the court of this and request to dismiss your claim. In this instance, the court will dismiss your claim without a 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 an official legal document that is filed by a party who asserts a cause of action and seeks judicial relief. The complaint should also define the type of relief 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 to the claim, a default judgement may be entered in favor of the petitioner.
In most cases, personal injury claims can result in bodily injury. Your lawyer will ensure that you are compensated both for medical bills currently incurred and any future costs. These include things like medication, home care and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes things like being unable to walk, drive, or sleep normally. This kind of damage is referred to as pain and suffering.
When a complaint is filed, the court will hold a preliminary meeting to set the date for the mandatory oral and physical examinations as well as any document production. Your lawyer will prepare an Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life, as well as any other damages not monetary you seek. If the case is found to have probable cause, your case will be scheduled for public hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit starts with a summons. The plaintiff files the complaint with a court and sends a copy of the document to the defendant via certified or registered mail within a specified time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the damages and injuries you've sustained more fully. This may include photos of your injuries, medical expenses and lost wages. It also contains details about the accident and what the defendant is accountable for the harm you suffered.
During the middle phase of a lawsuit, called "discovery" the parties has the opportunity to ask questions and look over evidence provided by the other party. Your attorney is crucial in this phase of negotiations since the representatives of the defendants want complete information prior to making settlement offers.
Your lawyer may also request to have you examined by a doctor of their choosing in regard to the injuries and damages you're seeking. If you don't attend, the court may dismiss your case. Or order that you pay for the doctor's examination costs.
After a discovery and inspection, attorneys from both sides may file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their 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 sustained. If the defendant is accountable, the jury will award you damages. If the defendant is not at fault then the jury will deny your claim.
Trial
A personal injury lawsuit encompasses a range 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 non-physical injuries such as discomfort and pain, as well as loss of companionship.
In the early stages of your case, your lawyer will research your accident in order to fully comprehend the cause of the incident and the extent of your injuries. He or she will then discuss the matter with the insurance company of the party at fault. Your attorney will stay in contact with you regarding any significant developments and negotiations throughout the entire process.
After negotiations have failed, your lawyer will submit a formal complaint to the court against the defendant. A Complaint, the first official document in a civil suit, lists all parties, describes the incident and alleges wrongdoing. It also demands compensation. auto accident injury lawyers must be personally served with the complaint, which is to say it must be delivered physically to him or her. It usually takes about one month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will reveal whether the defendant denies or accepts the allegations contained in the Complaint. In this stage your lawyer may provide medical records, documents as well as other evidence in support of your case. The attorney representing the defendant will respond to these documents, and then the two sides will begin further negotiations.
If the parties cannot come to an agreement, mediation or arbitration could be required prior to trial can begin. A large portion of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any businesses that have liens on the monetary settlement out of a separate account in escrow before he/ they can issue an official check.