How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. These cases often involve a party who is at the fault (defendant) and an injured party referred to as the plaintiff.
Your lawyer will go through your medical records, as well as other documents, to determine the full extent and cost of your injuries and the 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 lawsuit, the courts award them money to pay for their damages. These funds can be awarded in a lump sum or spread out over a period of time or as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized like medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living, are more difficult to quantify.
Keep a diary of 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 effect on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to complete things you used to take for granted.
In a lot of personal injury cases, multiple defendants are at fault. This is the most frequent scenario when a business or individual is guilty of fraud, criminal intent and gross negligence. The court can also make punitive damages in order to discourage others from acting in the same manner.
The defendants are served with an order with a complaint after a lawsuit is filed. The defendants are required to provide a response (also called an answering) within 30 days. Typically, defendants deny the allegations in the complaint. Once the answer is filed, the case will enter an investigation stage, known as discovery. This is where the parties exchange pertinent information and evidence, as well as taking depositions under an oath. This is the majority of the timeline for personal injuries.
Statute of limitations
If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. It is important to consult an attorney for personal injuries whenever you can even if you're not certain whether the incident occurred within the time frame.
A statute of limitations is a law of the state that sets a time limit on the time you have to make an injury lawsuit. In most states, a statute of limitations starts on the date on which the accident or incident caused your injuries. The time frame for filing a lawsuit for injury is dependent on the person you are seeking to sue. For instance, if want to sue a municipal government agency (such as a county or city) the deadline is significantly shorter.
There are certain circumstances that could alter the time limit in your particular case. For instance, if you were exposed to toxic substances or suffered medical malpractice the time limit may begin when you realize or should have discovered, that your injuries were caused by negligence. In certain cases minors are not subject to the statute of limitations.
If you file an injury claim after the statute of limitation has expired Your defendant is likely to inform the court about this and ask that your lawsuit 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 who specializes in personal injury immediately to discuss your case and determine if you have an official claim.
Complaint
A complaint is an official legal document that is filed by a person who claims a cause of action and seeks the judicial remedy. The complaint should also state the kind of compensation the plaintiff is seeking. The defendant must then respond within a certain timeframe. In general, a defendant will reject the claim. If the defendant fails to respond, default judgment can be made in favor of the petitioner.
In the majority of cases, personal injury claims involve actual bodily harm. Physical injuries can be extremely expensive, and your lawyer will work to ensure you get paid for any existing medical bills as well as any future costs that are anticipated. These expenses include medication or home care as well as physical therapy. You can also claim for any loss in quality of life that is caused by your injury. This includes things like being unable to walk, sleep or drive normally. This type of damage is called suffering and pain.
The court will schedule the preliminary conference after 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 prepare an Bill of Particulars. It will provide a full description of your injuries. It will include all your losses which include the cost of your current and future medical expenses, 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 non-monetary damages that you're seeking. If the case is found to be a probable cause the case will be scheduled for an open hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court does not have jurisdiction, you may appeal the decision.
Summons
The formal lawsuit begins with the issue of a summons. The plaintiff file the complaint with a court and sends a copy of the document to the defendant by certified or registered mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. This could include photos of your injuries, medical bills and lost wages. The document also contains details about the incident and how you think the defendant is accountable for the damage.
During the middle phase of a lawsuit, referred to as "discovery" in which each party has the opportunity to ask questions and review evidence held by the opposing party. The defendant's representatives will need to have all the facts before making settlement offers, so your attorney will play a crucial role in negotiations during this stage.
Your lawyer may also request that you be examined by the doctor of their choice regarding the damages and injuries you're seeking. If auto accident injury lawyers fail to attend, the judge may dismiss your case or require that you pay the defendant the costs of their examination.
After discovery and inspection have been completed, attorneys on both sides can submit a document referred to as a "Notice of Issue and Statement of Readiness for Trial." This informs the court that your case is prepared to go to trial. The judge will then set the trial date. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is at fault, the jury may award you damages. If the defendant isn't responsible, 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 injury caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed for physical injuries, such as the suffering of others and loss of companionship.
In the beginning of your case your lawyer will conduct a thorough investigation of your accident to fully understand what happened and the magnitude of your injuries. The lawyer will then negotiate with the insurance company of the party who is at the fault. Your lawyer will stay in contact with you regarding any significant developments and will also negotiate throughout the process.
After negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A complaint, the first official document of a civil suit, lists all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The complaint must be served personally, which means that it must be physically handed to the defendant. This typically takes about a month. After service has been completed the defendant has to "answer" the Complaint within a set time, which is usually 30 days.
The answer will tell you if the defendant acknowledges the allegations made in the Complaint or denies them. During this stage your lawyer will submit documents, medical records as well as other evidence to prove your case. The defendant's attorney will respond to these documents and then the two sides will start negotiations.
If the parties are unable to reach an agreement, then mediation or arbitration could be required prior to the trial can be held. However, a significant percentage of personal injury cases are settled out of court. Your lawyer must first pay any companies that have lien on your monetary award from a special account before distributing the check.