How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these situations the defendant is typically the one who is at fault. The plaintiff is usually the injured party.
Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, costs and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you.
Damages
When a plaintiff wins a personal injury case the courts award them funds to pay for their damages. The funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types: special and general. Special damages are measurable costs that can be listed like medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of life, are more difficult to quantify.
Keep a journal in which you can record the way your injuries affected your life. This increases your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels, mental anguish and your ability to perform things you once took for granted.
In a lot of personal injury cases, multiple defendants are accountable. This is particularly true when a person or business commits gross negligence, fraud, and criminal intent. The court can also award punitive damages to deter other people from engaging in the same manner.
The defendants are served with a summons with a complaint once a lawsuit has been filed. The defendants must submit a response (also called an answer) within 30 days. Usually, defendants deny the allegations in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. This is the time when the parties exchange pertinent information and evidence, including depositions under an oath. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations has expired you could lose the right to collect damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case as early as possible even if you're not sure if the incident occurred before the deadline.
A statute of limitation is a law of the state that provides a time frame for filing an action. In most states the statute of limitations begins on the date on which the accident or incident caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you're seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as a county or city), the deadline is shorter.
There are certain circumstances which could change the time limit in your situation. If you have been exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations may begin when you discover or reasonably should have known that your injuries are the result of negligence. In certain cases the statute of limitations is tolled for minors.
If you file a personal injury claim after the time limit has expired, the defendant will most likely inform the court and ask for the dismissal of your lawsuit. In this instance the court will dismiss your claim in a hurry without a hearing. It is essential to contact a personal injury lawyer as soon as you can to discuss your case to determine if you are eligible to file a legal claim.
Complaint
A complaint is a legal document filed by a person who asserts an action, and a demand for legal relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a specified timeframe. A defendant will usually deny the claim. If the defendant does not respond, a default judgment may be entered in favor of the petitioner.
In the majority of cases, personal injury claims involve actual bodily injury. Your lawyer will ensure that you receive compensation for your current medical bills and any future costs. These include things like medication as well as home care and physical therapy. Additionally, you can 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 referred to as suffering and pain.
If a complaint is filed when a complaint is filed, the court will convene a preliminary conference to schedule the mandatory oral and physical examinations as well as any document production. After the conference your lawyer will draft the Bill of Particulars. It will provide a full description of your injuries. This will include your losses including future and present medical costs loss of wages, as well as property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in life, as well as any other damages that are not monetary that you are seeking. If the case is found to be a probable cause your case will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable cause or because the court is not in authority, you can appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff submits a complaint to the court and sends the defendant a copy of the complaint 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 file a Bill of Particulars that outlines the injuries and damages suffered by you in more depth. This may include photos of your injuries, medical bills and lost wages. The document also includes information about the accident and how you think the defendant is responsible for the harm.
In the middle of a lawsuit called "discovery," each party is allowed to ask questions and inspect the evidence of the other party. Your attorney is crucial during this stage of negotiations because the representatives of the defendants want complete information prior to making settlement offers.
Your lawyer can also request to have you examined by a doctor of their choosing regarding the injuries and damages you're claiming. If Surprise injury lawsuit do not attend, the judge may dismiss your case, or demand that you pay the defendant for their examination costs.
After a discovery and inspection, attorneys on both sides may file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is ready for trial. The judge will then decide a trial date. During the trial the jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is at fault, the jury may award you damages. If the defendant isn't at fault, the jury will reject your claim.
Trial
A personal injury case encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries like suffering and pain, as well as loss of companionship.
In the early stages of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your losses. He or she will then discuss the matter with the insurance company of the party at fault. Your attorney will keep you up-to date on any negotiations and significant developments during this process.
After negotiations fail, your lawyer will file a formal complaint in a court against the defendant. A complaint, the first official document in civil lawsuits, names all parties, details the incident and alleges wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. It usually takes about one month. After service, the defendant has 30 days to "answer" the Complaint.
The answer will reveal whether the defendant denies or accepts the allegations in the Complaint. During this phase, your lawyer can provide medical records, documents, and other evidence in support of your case. The attorney representing the defendant will then respond to these documents and then the two sides will start negotiations.
If the parties cannot reach an agreement, mediation or arbitration could be required prior to trial can begin. A significant portion of personal injury cases are settled outside of court. When a settlement is reached, your lawyer must pay any companies with lien on the money award out of a special account for escrow before he or she will write you a check.