How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. The cases typically involve a party who is at fault (defendant) and an injured party, referred to as the plaintiff.
Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, the costs and 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 claim, the judge gives the plaintiff money to pay damages. These funds can be awarded in lump sums or spread over a period of time, as part if an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those which can be listed and quantifiable for example, medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment are more difficult to quantify.
Keep a diary of how your injuries have affected you can help improve the odds 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 complete things you once took for granted.
In many personal injury lawsuits there are many defendants. This is especially true when a business or individual acts with fraud, criminal intent or gross negligence. The court may also give punitive damages to discourage others from acting in the same manner.
After a lawsuit has been filed, the defendants will receive a summons and complaint. They are then required to submit a response, also known as an answer within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed, the case is moved to a stage of fact-finding known as discovery. This is where the parties exchange pertinent information and best injury lawyers evidence, including depositions under the oath. This is the stage that accounts for the majority of time in the timeline of a personal injury lawsuit.
Statute of limitations
If you file an injury lawsuit after the statute of limitations runs out, you will likely lose the right to collect damages. It is essential to speak with a personal injury attorney as soon as possible even if you're unsure sure whether the accident occurred within the time frame.
A statute of limitations is a law in a state that sets a time limit on how long you have to file an injury lawsuit. In most states the statute of limitations begins with the date of the accident or incident that caused your injuries. The time limit to file a lawsuit is dependent on the person you are seeking to sue. For instance, if are seeking to sue a municipal government agency (such as a county or city) the deadline is much shorter.
There are other situations that could alter the statute of limitations in your case. For instance, if you were exposed to harmful substances or a victim of medical negligence The statute of limitations could begin when you realize, or reasonably should have realized that your injuries were the result of negligence. In certain instances, the statute of limitations is extended for minors.
If you file a personal injury claim after the time limit 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 summarily dismiss your claim without hearing. It is essential to contact a personal injury lawyer as soon as possible to discuss your case to determine if you are eligible to file a legal claim.
Complaint
A complaint is a formal legal document that is filed by a party that asserts a cause of action and seeks judicial relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified 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 granted in favor of the petitioner.
Personal injury claims are generally founded on bodily injury. Physical injuries can be very expensive, and your attorney will work to ensure that you are compensated for any existing medical bills, as well as any future costs that are anticipated. These costs include medical expenses as well as home care and physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes things like being unable to walk, drive, or sleep normally. This type of damage is referred to as pain and suffering.
The court will set up a preliminary conference when the complaint is filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. Following the conference your lawyer will draft the Bill of Particulars. It is a comprehensive account of your injuries. This will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment and any other damages not monetary you seek. If the case is determined to be probable cause the case will be scheduled for public hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant by certified or registered mail within a specific time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the injuries and damages you've sustained more fully. This could include photos of your injuries, medical bills and lost wages. The document also contains details regarding the accident and why you believe the defendant is responsible for the injury.
In the middle of a lawsuit, also known as "discovery," each party has the opportunity to ask questions and inspect evidence held by the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, and your attorney plays a significant role in negotiations during this time.
Your lawyer can also request to have you examined by the doctor of their choice in relation to the damages and injuries you're seeking. If you don't attend, the judge may dismiss your case, or demand that you pay the defendant for their examination costs.
After the discovery and inspection process is completed, lawyers on both sides can file something called the "Notice of Issue" and a "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 the jury will decide if the defendant is responsible for the accident and injuries. If the defendant is at fault, the jury may award you damages. If the defendant is not liable then the jury will deny your claim.
Trial
Personal injury lawsuits can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander), and physical harm from accidents like car crashes and falls. A lawsuit can also be filed for physical injuries such as pain and discomfort 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 injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will stay in contact with you regarding any significant developments and discussions throughout the process.
After negotiations have failed the lawyer will file a formal complaint in the court against the defendant. A complaint, the first official document filed in civil lawsuits, names all parties, outlines the incident, and claims that there was wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. This typically takes about a month. After service, the defendant has 30 days to "answer" the Complaint.
The answer will tell you if the defendant denies or accepts the allegations made in the Complaint. In this phase your lawyer could submit medical records, documents as well as other evidence to prove your case. The lawyer representing the defendant will then reply to these documents and then the two sides will begin discussions.
If the parties are not able to come to an agreement, mediation or arbitration may be required prior to your case goes to trial. A large portion of personal injury cases are settled out of court. When a settlement is reached, your lawyer has to pay any companies that have lien on the money award out of a special account for escrow before he or will issue you an official check.