How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these instances the defendant is typically the one responsible for the incident. The plaintiff is usually the party who is injured.
Your lawyer will go through all of your medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damages. This will help them prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff is successful in a personal injury lawsuit, the court will award them money to pay for damages. The funds may be awarded as a lump sum or spread out over a period of time, as part if the settlement is structured. These funds are known as compensatory damages. There are two types: special and general. Special damages are those that can be quantified that can be categorized like medical bills and lost earnings. General damages are harder to place a dollar value on, such as the suffering and pain, and the loss of enjoyment of life.
Keep a journal to document how your injuries affected you. This will increase your chance of receiving the most compensation for noneconomic damages. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to complete things you once took for granted.
In many personal injury lawsuits, there are multiple defendants. This is most common when a person or business commits criminal intent, fraud, and gross negligence. The court can also award punitive damages to deter other people from engaging in the same manner.
The defendants will receive an order with a complaint after a lawsuit is filed. They must file a response which is also known as an answer, within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After the answer is filed, the case will enter a fact-finding stage known as discovery. This is the time when the parties exchange pertinent information and evidence, including taking depositions under an oath. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitations expires, it's likely that you'll lose the right to damages. That's why it is important to speak with an attorney for personal injury about your case early on, even if you are not sure if the incident occurred before the deadline.
A statute of limitations is a law of the state that sets a deadline on how long you must bring a lawsuit for injury. In many states the statute of limitations begins on the date of the incident or incident caused your injuries. The deadline for filing a lawsuit for personal injuries also depends on the person you're suing. For example, if you would like to sue a local government entity (such as a city or county), the deadline is shorter.
There are also certain situations that could alter the time limit in your case. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation can begin when you discover or reasonably should have known that your injuries are due to negligence. In some cases minors are not subject to the statute of limitations.
If you file an injury claim after the statute of limitations has expired Your defendant is likely to tell the court about this and ask to dismiss your claim. In this instance the court will dismiss your claim without hearing. That's why it is important to speak with a seasoned personal injury lawyer early on 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 that alleges a cause for action and seeks legal relief. The complaint must also specify the kind of compensation the plaintiff seeks. The defendant must then respond within a specified time period. A defendant will usually deny the claim. If the defendant does not respond, a default judgment may be granted in favor of the petitioner.
Most personal injury claims involve actual bodily harm. Physical injuries can be expensive, and your lawyer will ensure that you get paid for any existing medical bills and any future expenses you anticipate. These costs include medical expenses or home care as well as physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is called suffering and pain.
The court will call the preliminary conference after a complaint has been filed. This will be used to schedule any required oral or physical examinations and also the production of any documents. Your lawyer will prepare a 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 anticipated future medical bills, lost earnings and property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you are seeking. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons and complaint. The plaintiff files a complaint with the court and then sends the defendant a copy via certified or registered post within a specific time. The defendant must respond, or else risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. It may include photographs of your injuries, medical bills and lost wages. The document also includes information regarding the accident and why you believe the defendant is responsible for the harm.
During the middle phase of a lawsuit, called "discovery" the parties has the opportunity to ask questions and look over evidence presented by the opposing party. The defendant's representatives will want to have all the facts before making settlement offers, therefore your attorney will play an important role in negotiations during this stage.
Your lawyer can also ask that you are examined by a physician they select for the injuries or damages you're seeking. If you do not show up, the court may dismiss your case. Or order that you pay for the doctor's examination costs.
Once discovery and inspection are completed, lawyers on both sides may file a document known as an "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 the jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is accountable and the jury awards you damages. If the defendant is not liable, the jury will reject your claim.
Trial
Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander), and physical harm from accidents like car crashes and falls. auto accident injury lawyers may also be filed for physical injuries, such as discomfort and pain and loss of companionship.
Your lawyer will conduct a thorough investigation on the accident during the beginning stages of the case to determine the precise cause and extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your attorney will keep you up-to current on any negotiations and significant developments during this process.
If negotiations don't work and your lawyer is unable to resolve the issue, he will file a formal complaint in the court against defendant. A Complaint, which is the first official document in civil lawsuits, names all parties, details the incident and alleges wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to him or her. It usually takes about one month. After service has been completed the defendant has to "answer" the Complaint within a specified time frame, which is typically 30 days.
The answer is whether the defendant is willing to admit the allegations in the Complaint or denies them. In this stage your lawyer may submit documents, medical records as well as other evidence in support of your case. The defendant's lawyer will submit a response to these documents, and the two sides will engage in further negotiations.
If the parties can't reach an agreement, then mediation or arbitration may be required before trial can begin. However, a large percentage of personal injury cases settle out of court. After a settlement has been reached, your lawyer has to pay any businesses that have liens on the monetary settlement through a specific account for escrow before he or she will write you an official check.