How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these cases, the defendant is usually the one who is at fault. The plaintiff is typically the party who is injured.
Your attorney will review all of your medical records, as well as other documentation, to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins an injury lawsuit the courts award them funds to cover their losses. These funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are the ones that can be quantified that can be listed like medical bills and lost earnings. General damages, like pain and discomfort and loss of enjoyment of life, are more difficult to quantify.
Keeping a journal detailing the way your injuries have affected you your chance of winning the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete things you used to take for granted.
In many personal injury lawsuits there are multiple defendants. This is the most frequent scenario when a person or business is guilty of criminal intent, fraud and gross negligence. The court can also make punitive damages in order to discourage others from acting in a similar way.
The defendants receive a summons with an accusation once the lawsuit has been filed. They will then be required to submit a response which is also known as an answer, within 30 days. Typically, defendants not deny the allegations contained in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. This is the time when the parties exchange pertinent information and evidence, which includes depositions under oath. This stage takes up the majority of the timeline for personal injuries.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires you could lose your right to recover damages. That's why it is important to talk to an attorney for personal injury about your case as early as possible even if not sure if the incident occurred within the timeframe.
A statute of limitations is a law in a state which sets a time frame on the amount of time you have to bring a lawsuit for injury. In many states the statute of limitations begins with the date of the accident or incident that led to your injuries. The deadline for filing a personal injury lawsuit also depends on the person you're seeking to sue. For instance, if you want to sue a municipal government agency (such as a city or county) the deadline is shorter.
There are also certain situations which could change the time limit in your case. If you were exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain instances minors are not subject to the statute of limitations.
If you file an injury claim after the statute of limitations has expired the defendant will likely inform the court and request the case to be dismissed. If this happens, the court will dismiss your claim on the spot without a hearing. This is why it's important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is a formal legal document that is filed by a party who alleges a cause for action and demands judicial relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a set time frame. The defendant is usually able to decline to respond. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor.
In the majority of cases, personal injury claims involve actual bodily injury. Physical injuries can be very costly, and your attorney will ensure that you receive compensation for any current medical bills as well as any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. You may also be able to claim any loss in your quality of life caused by your injury claim lawyer. This includes things such as the inability to walk, drive, or sleep normally. This type of damage is referred to as suffering and pain.
If a complaint is filed when a complaint is filed, the court will convene a preliminary conference to set the date for obligatory oral and physical examinations as well as any document production. Your lawyer will then prepare an Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses including the cost of your current and future medical bills, lost earnings and property damage. Your lawyer will also describe the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you are seeking. If your case is deemed to have 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 lacks jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons as well as a complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant through certified or registered mail within a specific timeframe. The defendant has to respond, or they risk a default judgement against them. Your New York City personal injury attorney injury lawyer will submit an Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It could include photographs of your injuries, medical expenses and lost wages. It also includes details of the incident and the manner in which the defendant is responsible for your harm.
During the middle phase of a lawsuit, referred to as "discovery" in which each party has the opportunity to ask questions and review evidence provided by the other party. Your lawyer will be crucial during this stage of negotiations because the representatives of the defendant want to have full information before making settlement offers.
Your lawyer can also request that you be examined by a doctor of their choosing in regard to the damages and injuries you're claiming. If you do not attend, the judge could dismiss your case or require that you pay the defendant their examination costs.
After the discovery and inspection, attorneys on both sides can file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is ready to go to trial. The judge will then decide on a trial. During the trial the jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not at fault then the jury will deny your claim.
Trial
Personal injury claim lawyer claims can cover a broad variety of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical such as discomfort and pain, as well as loss of companionship.
In the beginning 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 negotiate with the insurance company of the party who is at fault. Your attorney will stay in touch with you on any significant developments and discussions throughout the process.
If negotiations fail and your lawyer has to make a formal complaint to the court against the defendant. A complaint, the first official document in a civil suit, lists all parties, outlines the incident and alleges wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. This usually takes a month. Once service is complete and the defendant is required to "answer" the Complaint within a specific date, which is usually 30 days.
The answer will explain whether the defendant denies or acknowledges the allegations made in the Complaint. In this phase your lawyer could submit medical records, documents and other evidence to support your case. The defendant's attorney will then reply to these documents and the two sides will start further negotiations.
If the parties are not able to come to an agreement, mediation or arbitration may be required prior to your case is put to trial. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any company with liens on your monetary award from a specific money escrow before distributing the check.