How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for losses or injuries. In these instances the defendant is usually the one who is who is at fault. The plaintiff is typically the injured party.
Your attorney will review all medical records along with other documentation, to determine the totality and cost of your injuries and damages. This will help them prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in a personal injury claim, the court awards them money to pay for damages. The funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be quantified that can be itemized like medical bills and lost earnings. General damages are harder to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment.
Keep a diary of how your injuries have affected you can help improve your chances of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental anguish and how your injuries impact your ability to take part in activities that you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is particularly true when a business or an individual is guilty of gross negligence, fraud, and criminal intent. The court can also make punitive damages in order to discourage others from acting in the same way.
The defendants will receive a summons along with an accusation once the lawsuit has been filed. The defendants will be required to respond (also called an answer) within 30 days. Typically, defendants will deny the allegations made in the complaint. Once the answer is filed and the case is referred to as an investigation stage, known as discovery. This is the time when both parties will exchange relevant information and evidence, including taking depositions under oath. This stage takes up the majority of the personal injury timeline.
Statute of limitations
If you make a claim for injury after the statute of limitations expires, it's likely that you'll lose the right to damages. That's why it's crucial to talk to a personal injury lawyer about your case early on even if you're not certain if the incident occurred within the timeframe.
A statute of limitations is a state law that sets a time limit on the amount of time you have to file an injury lawsuit. In the majority of states, a statute of limitations begins the date of the incident or incident led to your injuries. The deadline to file a lawsuit for personal injury is dependent on the individual you are seeking to sue. For instance, if you would like to sue a local government entity (such as a county or city), the deadline is much shorter.
There are other situations that may change the time limit in your situation. If you have been exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations could begin when you realize or ought to have known that your injuries are due to negligence. In certain instances, the statute of limitations may be extended for minors.
If you file a claim for injury after the statute of limitation has expired Your defendant is likely to inform the court about this and request to dismiss your claim. If this happens, the court will dismiss your claim in a sweeping manner without hearing. It is important to consult an attorney for personal injuries as soon as possible to discuss your case and determine if you have an official claim.
Complaint
A complaint is an official legal document filed by a party who alleges a cause for action and seeks the judicial remedy. The complaint should also define the kind of compensation the plaintiff seeks. The defendant must then respond within a set timeframe. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment could be entered in the petitioner's favor.
Personal injury claims are usually founded on bodily injury. Physical injuries can be extremely expensive, and your lawyer will ensure that you are compensated for any existing medical bills and any anticipated future expenses. This includes things like medications as well as home care and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This type of damage is called pain and suffering.
The court will call 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 is a thorough description of your injuries. It will include all the losses you have suffered, including the costs of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also detail the grievous emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you're seeking. If the case is found to be a probable cause the case will be scheduled for a public hearing. If your complaint is dismissed 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 submits the complaint to a court and sends a copy of the document to the defendant through certified or registered mail within a specified time frame. The defendant has to respond or risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which describes the injuries and damages you've suffered more fully. It may include photographs of your injuries, medical bills and lost wages. It also contains details about the accident and how the defendant is accountable for your harm.
During the middle phase of a lawsuit, also known as "discovery", each party is given the chance to ask questions and review evidence held by the opposing party. The representatives of the defendant will want to have complete information before making settlement offers, so your attorney plays a significant role in negotiations during this stage.
Your lawyer may also request that you be examined by any doctor they choose in regard to the damages and injuries you're seeking. If you do not attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs.
After a discovery and inspection, attorneys on both sides can file a form called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is ready for trial. The judge will then decide a trial date. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is accountable for the accident, the jury will award you damages. If You Tube isn't at fault then the jury will deny your claim.
Trial
A personal injury lawsuit can result in a variety of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. Additionally, lawsuits can also be filed to address 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 the accident to determine what happened and the magnitude of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will stay in touch with you on any significant developments and will also negotiate throughout the process.
After negotiations don't work the lawyer will file a formal complaint in the court against defendant. A Complaint, the first official document filed in a civil suit, identifies all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. This usually takes one month. After service is completed and the defendant is required to "answer" the Complaint within a specified time, which is usually 30 days.
The answer will reveal whether the defendant denies or accepts the allegations contained in the Complaint. During this stage your lawyer will submit medical records, documents and other evidence to back your argument. The lawyer representing the defendant will respond to these documents and the two sides will start discussions.
If the parties cannot come to an agreement, mediation or arbitration could be required prior to the trial can be held. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any company with liens on your monetary award through a specialized money escrow before distributing an actual check.