How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation 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 attorney will examine your medical records and other documentation to determine the extent of your injuries, the costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in an injury lawsuit, the courts award them funds to pay for their damages. These funds can be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are measurable costs that can be listed for medical expenses and lost earnings. General damages are harder to place a dollar value on, like pain and suffering and loss of enjoyment of life.
Keep a diary to record how your injuries impacted you. This will increase your chance of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, pain levels throughout the day as well as mental anxiety and your ability to perform things you once took for granted.
In a majority of personal injury cases, more than one defendants are accountable. This is especially common when a business or an individual acts with reckless negligence, fraud, and criminal motives. The court can also award punitive damage to discourage others from doing the same thing.
The defendants receive an order with a complaint once the lawsuit has been filed. The defendants will be required to submit a response (also called an answer) within 30 days. Usually, defendants deny the allegations in the complaint. After the answer has been filed, the case is moved to the phase of fact-finding, also known as discovery. This is the time when the parties exchange pertinent information and evidence, including depositions under the oath. This is where you will find the majority of time in the timeline of a personal injury lawsuit.
Statute of limitations
If you make a claim for injury after the statute of limitation expires, it's likely that you'll lose your right to receive damages. That's why it's crucial to speak with a personal injury lawyer about your case as early as possible even if not certain if the incident occurred within the timeframe.
A statute of limitations is a law in a state which sets a time frame on how long you must make an injury lawsuit. In the majority of states, the statute of limitations begins at the time of the incident or accident that caused your injuries. The deadline for filing a lawsuit for personal injuries also varies depending on the individual you are seeking to sue. For example, if you would like to sue a local government entity (such as a county or city) the deadline is shorter.
In addition there are certain circumstances that can change the statute of limitations in your case. For instance, if you were exposed to toxic substances or suffered medical malpractice, the time limit may begin when you discover or should have realized that your injuries were the result of negligence. In some cases, the statute of limitations can be tolled for minors.
If you submit a claim for injury after the statute of limitations has expired Your defendant is likely to inform the court of this and request to dismiss your claim. If this happens, the court will dismiss your claim on the spot without hearing. It is essential to contact an attorney for personal injuries as soon as you can to discuss your case to determine if you can make a legal claim.
Complaint
A complaint is an official legal document that is filed by a party who claims a cause of action and seeks judicial relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant must then respond within a certain timeframe. A defendant will usually decline to respond. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor.
Most personal injury claims involve actual bodily injury. Your attorney will make sure that you get paid for medical bills currently incurred as well as any future expenses. This includes things like medications, home care and physical therapy. You can also claim for any loss in your quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as suffering and pain.
When a complaint is made and the court is notified, they will hold a preliminary meeting to set the date for mandatory physical and oral examinations, as well as any document production. Your lawyer will prepare the Bill of Particulars. It is a comprehensive account of your injuries. accident injury law firm will include all your losses including 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 life as well as any other damages that are not monetary that you are seeking. If the case is found to be probable cause, your case 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 does not have jurisdiction, you are able to appeal the decision.
Summons
The formal lawsuit begins with the issue of a summons. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant by registered or certified mail within a specific time frame. The defendant has to respond, or they risk a default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which details the damages and injuries you've sustained more fully. It could include photos of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you believe the defendant is responsible for the injury.
During the middle phase of a lawsuit, called "discovery" in which each party has the opportunity to ask questions and examine evidence held by the other party. The defendant's representatives will need to have complete information before making settlement offers, so your attorney plays a significant role in negotiations during this stage.
Your lawyer can also ask to have you examined by a doctor they select in relation to the damages or injuries you're seeking. If you fail to attend, the judge could dismiss your case, or demand that you pay the defendant the costs of their examination.
After discovery and inspection, attorneys from both sides can 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 determine an appointment date for the trial. During the trial the jury will determine if the defendant is accountable for the accident and the injuries you suffered. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not accountable and the jury decides to deny your claim.
Trial
A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. A lawsuit could also be filed for injuries that are not physical such as discomfort 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. Then, he or she will work with the insurance company of the at-fault company. Your attorney will keep you up to current on any negotiations and important developments throughout the process.
If negotiations fail and your lawyer is unable to resolve the issue, he will file a formal complaint in court against defendant. A Complaint, the first official document filed in 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 is to say it must be physically delivered to the defendant. It usually takes about a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or acknowledges the allegations in the Complaint. In this stage your lawyer will be able to provide medical records, documents and other evidence to support of your case. The defendant's attorney will then reply to these documents and the two sides will start further negotiations.
If the parties are not able to reach a settlement and mediation or arbitration might be required before your case can go to trial. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award from a special account before distributing a check.