How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for losses or injuries. These lawsuits typically involve a person at fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will review your medical records along with other documents, to determine the totality and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins in a personal injury case the court will award the plaintiff money to pay damages. These funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are those that can be quantified that can be listed for medical expenses and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment, are more difficult to quantify.
Writing down how your injuries have affected your chance of winning the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to do activities you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is especially common when an individual or business acts with the most blatant negligence, fraud and criminal intention. The court may also make punitive damages in order to discourage others from committing the same way.
After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants are required to provide a response (also called an answer) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. The parties will exchange information and evidence during this phase, including taking depositions. This stage takes up the majority of a personal injury timeline.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is possible that you'll lose the right to damages. This is why it's important to consult an attorney who specializes in personal injury to discuss your case early even if you're not certain if the incident occurred before the deadline.
A statute of limitations is a law of the state that establishes a deadline for filing a lawsuit. In the majority of states, a statute of limitations begins the date that the accident or incident led to your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the individual you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as the city or county), the deadline will be shorter.
In addition, there are certain situations that could alter the statute of limitations in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably ought to have realized that your injuries are the result of negligence. In certain cases, minors are exempt from the statute of limitation.
If you file an injury claim after the statute of limitations has expired the defendant will likely to inform the court and request the dismissal of your lawsuit. If this occurs, the court will summarily dismiss your claim without hearing. It is crucial to speak with an attorney for personal injuries as soon as possible to discuss your situation and determine if you have a legal claim.
Complaint
A complaint is an official legal document filed by a party who alleges a cause for action and seeks legal relief. The complaint should also define the type of compensation that the plaintiff seeks. The defendant is then required to respond within a specific time period. auto accident injury lawyers is usually able to deny the claim. If the defendant does not respond to the claim, a default judgment could be granted in favor of the petitioner.
Personal injury claims are generally founded on bodily injury. Your attorney will make sure that you are compensated both for medical bills currently incurred as well as any future expenses. This includes things like medications or home care, as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as pain and suffering.
The court will schedule an initial conference once the complaint has been filed to schedule any mandatory oral or physical examinations, and also the production of any documents. Following the conference, your lawyer will prepare a Bill of Particulars. It is a thorough description of your injuries. It will include your losses including your future and current medical costs loss of wages, as well as property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment and any other damages not monetary you seek. If the case is found to be a probable cause the case will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision.
Summons
The formal lawsuit process begins with a summons and complaint. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant by certified or registered mail within a certain timeframe. The defendant has to respond or risk a default judgement against them. Your New York City personal injury attorney will submit an Bill of Particulars, which describes the injuries and damages you've suffered more fully. It could include photographs of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for the harm you suffered.
In the middle of a lawsuit referred to as "discovery," each party has the opportunity to ask questions and examine evidence held by the other party. Your attorney will be important in this stage of negotiations because the defendant's representatives want complete information before they make settlement offers.
Your lawyer can also ask that you undergo an examination by any doctor they choose in regard to the damages and injuries you're claiming. If you fail to show up, the court may dismiss your case. Or, they may require that you pay for the doctor's examination costs.
After a discovery and inspection, attorneys on both sides can file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is prepared for trial. The judge will then decide the trial date. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you suffered. If the defendant is to blame the jury could award you damages. If the defendant isn't accountable and the jury decides to deny your claim.
Trial
Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical such as discomfort and pain and loss of companionship.
Your lawyer will conduct an investigation on the accident during the beginning stages of the investigation to determine the exact cause and the extent of your injuries. He or she will then engage with the insurance company of the party who is at the fault. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments throughout this process.
Once negotiations have failed, your lawyer will file a formal complaint in court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. This usually takes approximately a month. After service has been completed and the defendant is required to "answer" the Complaint within a set time frame, which is typically 30 days.
The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. During this phase your lawyer will be able to submit medical records, documents and other evidence to support of your case. The defendant's lawyer will submit an answer to these documents and the two sides will continue to negotiate.
If the parties are not able to come to an agreement, mediation or arbitration may be required before your case goes to trial. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award from a special escrow fund before issuing you an actual check.