How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for injuries or losses. These cases often involve a person at the fault (defendant) and an injured party referred to as the plaintiff.
Your lawyer will go through your medical records and other documents to assess the full extent of your injuries, costs and damages. This will help them prepare and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in a personal injury lawsuit the courts award them funds to cover their losses. These funds may 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 types of compensatory damages: special and general. Special damages are the ones that can be quantified that can be itemized, such as medical bills and lost earnings. General damages are harder to put a dollar amount on, like the suffering and pain, and the loss of enjoyment.
Keep a diary of how your injuries have affected the odds of obtaining the most money for damages that are not economic. This includes the effect on your relationships, daily pain levels mental stress and your ability to do things you once took for granted.
In a majority of personal injury cases, multiple defendants are accountable. This is especially true when a person or business is guilty of fraud, criminal intent and gross negligence. The court can also award punitive damage to discourage others from engaging in the same manner.
The defendants are served with an order with an accusation once a lawsuit is filed. They are then required to submit a response or answer within 30 days. Usually, the defendants deny the allegations in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. The parties will exchange information and evidence during this phase and may even conduct depositions. This phase takes up the majority of a personal injury timeline.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations runs out the statute of limitations will expire and you'll likely lose your right to recover damages. It is essential to speak with a personal injury attorney whenever you can even if you're unsure sure whether the accident occurred within the timeframe.
A statute of limitation is a law in a state that provides a time frame for filing lawsuits. In many states, the statute of limitations starts on the date of the accident or incident that caused your injuries. The time limit for filing an injury lawsuit is dependent on the person you are seeking to sue. For injury accident lawyers , if you would like to sue a local government agency (such as a city or county) the deadline is significantly shorter.
There are certain circumstances which could change the time limit in your situation. For example, if you were exposed to harmful substances or suffered medical negligence the time limit may begin when you discover or should have realized that your injuries were caused by negligence. In some cases the statute of limitations may be extended for minors.
If you file an injury claim after the time limit has expired the defendant will most likely to inform the court and request your lawsuit to be dismissed. In this scenario, the court will dismiss your claim in a hurry without a hearing. That's why it is important to consult an experienced personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a legal formal document filed by a plaintiff that declares an actionable cause and demands the judicial remedy. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant must then respond within a specific time period. A defendant will usually deny the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf.
In the majority of cases, personal injury claims can result in bodily injury. Physical injuries can be very costly, and your attorney will work to ensure you get paid for any existing medical bills, as well as any anticipated future expenses. These expenses include medications, home care, and physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes things like the inability to walk, sleep or drive normally. This type of damage is known as suffering and pain.
If a complaint is filed, the court will convene a preliminary conference to schedule obligatory oral and physical examinations, as well as any document production. Following the conference, your lawyer will prepare a Bill of Particulars. It is a comprehensive account of your injuries. It will include all the losses you have suffered which include the cost of your current and future medical bills, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in your life as well as any other damages not monetary you are seeking. If your case is determined to be a probable cause, you will be scheduled for an open 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 the issue of a summons. The plaintiff file a complaint with the court and sends the defendant a copy via registered or certified mail within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries suffered by you in greater specific detail. This may include photos of your injuries, medical expenses and lost wages. The document will also contain information regarding the accident and why you think the defendant is responsible for the injury.
During the middle part of a lawsuit, also known as "discovery," each party is allowed to ask questions and inspect evidence that is held by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney will play a crucial role in negotiations during this phase.
Your lawyer can also request that you be examined by a doctor of their choosing regarding the damages and injuries you're seeking. If you fail to attend, the judge could dismiss your case or require that you pay the defendant their examination costs.
Once discovery and inspection are completed, the lawyers on both sides may file something called the "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 determine an appointment date for the trial. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is liable and the jury awards you damages. If the defendant isn't accountable then the jury will dismiss your claim.
Trial
A personal injury claim involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries such as the suffering of others and loss of companionship.
In the initial stages of your case the lawyer will investigate the accident to determine what happened and the magnitude of your damages. He or she will then negotiate with the insurance company of the party who is at fault. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the process.
After negotiations have failed the lawyer will file a formal complaint in court against the defendant. A complaint, the first official document filed in a civil suit, identifies all parties, details the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. This usually takes around one month. Once service is complete, the defendant must "answer" the Complaint within a set time frame, which is typically 30 days.
The answer will tell you if the defendant denies or accepts the allegations in the Complaint. During this time, your lawyer can 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 then engage in further discussions.
If the parties are unable to reach a settlement the mediation or arbitration process could be required prior to your case goes to trial. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any companies that have lien on your monetary award through a specialized money escrow before distributing a check.