How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for losses or injuries. In these situations the defendant is usually the one responsible for the incident. The plaintiff is typically the party who is injured.
Your attorney will review all of your medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in an injury lawsuit, the courts award them funds to cover their losses. The money can be awarded in lump sums or spread over a period of time in an agreed settlement. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are those that can be quantified that can be categorized like medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living 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, daily pain levels, mental anguish and your ability to perform things you used to take for granted.
In many personal injury lawsuits there are multiple defendants. This is particularly true when an individual or business commits reckless negligence, fraud, and criminal intent. The court may also award punitive damages to deter others from committing the same way.
Once a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to respond or answer, within 30 days. Typically, defendants will contest the allegations made 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 the personal injury timeline.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitation expires, it's likely that you will lose the right to damages. It is crucial to speak with an attorney for personal injuries as soon as possible, even if you're not certain whether the incident occurred within the timeframe.
A statute of limitations is a law of the state that sets a deadline for filing an action. In many states the statute of limitations begins on the date on which the accident or incident caused your injuries. The time frame for filing an injury lawsuit also depends on the party you are seeking to sue. For example, if you would like to sue a local government entity (such as a city or county) the deadline is significantly shorter.
There are other situations which could change the time limit in your particular 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 some cases minors are exempt from the statute of limitation.
If you submit an injury claim after the statute of limitations has expired, your defendant will likely inform the court about this and request to dismiss your claim. If this occurs, the court will dismiss your claim in a sweeping manner without hearing. This is why it's crucial to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a formal legal document that is filed by a person who alleges a cause for action and seeks judicial relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. In general the case, a defendant will deny the claim. If the defendant fails to 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 get paid for the medical bills you are currently paying as well as any future expenses. These expenses include medication or home care as well as physical therapy. You may also be able to claim any loss in quality of life that is resulted from your injury. This includes things such as the inability to drive, sleep or walk normally. This kind of damage is known as suffering and pain.
The court will call the preliminary conference after the complaint has been filed. This will be used to schedule any required physical or oral examinations, as well as the production of any documents. Your lawyer will then prepare the Bill of Particulars. It is a thorough description of your injuries. It will include all your losses which include the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other non-monetary damages that you are seeking. If the case is deemed to be a probable cause the case will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable reason or because the court is not in jurisdiction, you may appeal the decision.
Summons
The formal lawsuit starts with a summons. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant by registered or certified mail within a specified time frame. The defendant has to respond, or else risk default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in greater specific detail. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you think the defendant is responsible for the damage.
During the middle phase of a lawsuit, called "discovery" in which each party has the opportunity to ask questions and look over evidence held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, so your attorney will play a crucial role in negotiations during this stage.
Your lawyer may also request that you undergo an examination by the doctor of their choice regarding the damages and injuries you're claiming. If you don't attend, the court may dismiss your case. Or, they may require that you pay for the doctor's examination costs.
After discovery and inspection, attorneys from both sides may file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is ready for trial. The judge will then set the date for the trial. During the trial, the jury will decide if the defendant is accountable for the accident and the injuries you suffered. If the defendant is to blame, the jury may award you damages. If the defendant is not accountable, the jury will deny your claim.
Trial
A personal injury claim encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. A lawsuit could also be filed for physical injuries like pain and discomfort and loss of companionship.
Your lawyer will conduct research regarding your accident in the early stages of the case to determine the precise cause and extent of your injuries. He or she will then negotiate with the insurance company of the party at the fault. Your attorney will keep you up to the minute on any negotiations or significant developments during this process.
If negotiations fail, your lawyer will file an official complaint in the court against defendant. A complaint, the first official document of a civil suit, identifies all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The complaint must be personally served, which means that it must be delivered physically to the defendant. This typically takes about a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer explains whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this stage your lawyer may submit documents, medical records 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 injury accident lawyers can't reach an agreement, then mediation or arbitration may be required prior to trial can begin. A significant portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any companies with lien on the settlement out of a separate account for escrow before he or will issue you a check.