How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these cases, the defendant is usually the one who is who is at fault. The plaintiff is usually the party who is injured.
Your lawyer will go through your medical records and other documentation to assess the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in a personal injury claim, the judge awards 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 referred to as compensatory damages. There are two types: general and special. Special damages are expenses which can be listed and quantifiable for example, medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment are more difficult to quantify.
Keep a journal to document the way your injuries affected your life. This will increase your chance of receiving maximum compensation for the non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to do things you used to take for granted.
In many personal injury lawsuits there are multiple defendants. This is most common when a business or an individual is guilty of the most blatant negligence, fraud and criminal motives. The court may also award punitive damage to discourage others from acting in the same way.
When a lawsuit is filed and the defendants are served with a summons and complaint. They will then be required to respond, also known as an answer, within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will exchange information and evidence during this phase and may even conduct depositions. This stage accounts for the majority of time in the timeline of personal injury lawsuits.
Statute of limitations
If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. It is crucial to speak with a personal injury attorney as soon as possible even if you're unsure sure whether the accident occurred within the time frame.
A statute of limitation is a law in a state that provides a time frame for filing an action. In many states, the statute of limitations runs at the time of the accident or incident which caused your injuries. The deadline to file a lawsuit for personal injury also varies depending on the person you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as a county or city) the deadline will be much shorter.
There are also certain situations that could alter the statute of limitation in your situation. If you were exposed toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or ought to have known that your injuries are due to negligence. In certain cases the statute of limitations is extended for minors.
If you file a claim for injury after the statute of limitation has expired the defendant will likely inform the court about this and request that your case be dismissed. In this instance, the court will dismiss your claim without a hearing. It is important to consult an attorney for personal injuries as soon as possible to discuss your situation and determine if you can make an official claim.
Complaint
A complaint is a formal legal document that is filed by a party who asserts a cause of action and seeks judicial relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant must then respond within a specific timeframe. In general the case, a defendant will deny the claim. If the defendant does not respond to the claim, a default judgement may be entered in favor of the petitioner.
Personal injury claims are generally based on actual bodily harm. Your attorney will make sure that you receive compensation for the medical bills you are currently paying and any future expenses. These expenses include medications as well as home care and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This type of damage is referred to as pain and suffering.
When a complaint is filed when a complaint is filed, the court will hold a preliminary meeting to set the date for the mandatory oral and physical examinations, as well as any document production. Your lawyer will prepare a Bill of Particulars. It is a comprehensive report of your injuries. It will include all your losses, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will also outline the alleged emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you seek. If your case is found to be a probable cause, you 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 doesn't have jurisdiction, you may appeal the decision.
Summons
The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a certain time frame. The defendant must respond, or else risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. accident injury law firm may include photographs of your injuries, medical bills and lost wages. The document also contains details about the incident and how you believe the defendant is responsible for the injury.
In the middle of a lawsuit called "discovery," each party is allowed to ask questions and examine evidence that is held by the other party. Your attorney is crucial in this stage of negotiations because the defendant's representatives want complete information prior to making settlement offers.
Your lawyer can also ask to see you by a physician they select for the injuries or damages you're claiming. If you fail to attend, the court could dismiss your case. Or, they may require that you pay for the defendant's examination costs.
After a discovery and inspection, attorneys from both sides can file a form 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 a trial date. During the trial the jury will decide if the defendant was accountable for the accident and the injuries you suffered. If the defendant is responsible the jury could award you damages. If the defendant isn't responsible, the jury will deny your claim.
Trial
A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries such as suffering and pain, as well as loss of companionship.
In the early stages of your case your lawyer will conduct a thorough investigation of the accident to determine what happened and the magnitude of your losses. The lawyer will then negotiate with the insurance company of the party at the fault. Your lawyer will stay in touch with you about any significant developments and will also negotiate throughout the process.
After negotiations have failed and your lawyer has to file a formal complaint in the court against the defendant. A complaint, the first official document of civil lawsuits, names all parties, describes 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. It usually takes about one month. After service, the defendant has 30 days to "answer" the Complaint.
The answer will tell you if the defendant denies or acknowledges the allegations in the Complaint. During this phase your lawyer will be able to submit documents, medical records and other evidence to support of your case. The lawyer representing the defendant will submit a response to these documents, and the two sides will then engage in further discussions.
If the parties are unable to come to an agreement and mediation or arbitration might 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 businesses that have liens on your award through a specialized money escrow before distributing an actual check.