How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these instances the defendant is typically the person responsible for the incident. The plaintiff is usually the injured party.
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
When a plaintiff wins in a personal injury claim the court will award the plaintiff a sum of money to cover damages. The funds may be awarded in lump sums or spread out over a time period, as part if an agreed settlement. These funds are referred to 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 listed, such as medical bills and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify.
Keep a diary of the way your injuries have affected you you can help improve the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental stress and how injuries affect your ability to engage in activities you once took for taken for granted.
In many personal injury cases, more than one defendants are responsible. This is particularly true when an individual or business is guilty of the most blatant negligence, fraud and criminal intent. The court can also make punitive damages in order to discourage others from committing the same manner.
The defendants are served with a summons along with a complaint after a lawsuit is filed. They will then be required to file a response which is also known as an answer within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed, the case will enter an investigation stage, known as discovery. This is the time when both parties will share relevant information and evidence, which includes depositions under an oath. This is the majority of the personal injury timeline.
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 the right to claim damages. It is important to consult an attorney in personal injury as soon as possible, even if you're not sure whether the accident occurred within the timeframe.
A statute of limitations is a law of the state that sets a time limit on the amount of time you must make an injury lawsuit. In the majority of states the statute of limitations runs with the date of the incident or accident which caused your injuries. The deadline to file a lawsuit also depends on who you are seeking to sue. If you are suing an entity of municipal government (such as the city or county), the deadline will be shorter.
There are also certain situations which could change the statute of limitations in your particular case. If you were exposed toxic substances or suffered from medical malpractice, for example 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 can be tolled for minors.
If you file an injury claim after the time limit has expired the defendant will most likely inform the court and request your lawsuit to be dismissed. In this instance the court will decide to dismiss your claim without a hearing. It is important to consult a personal injury lawyer immediately to discuss your case to determine if you are eligible to file a legal claim.
Complaint
A complaint is a formal legal document filed by a party that claims 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 certain timeframe. In general, a defendant will deny the claim. If the defendant does not respond to the claim, a default judgement may be entered for the petitioner.
Personal injury claims are typically based on actual bodily harm. Your lawyer will ensure that you receive compensation for the medical bills you are currently paying and any future expenses. This includes things like medications, home care and physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes things such as the inability to walk, sleep or drive normally. This kind of injury is known as pain and suffering.
The court will set up a preliminary conference when a complaint has been filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then draft an Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses, including the costs of your present and 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 damages not monetary you are seeking. If your case is deemed to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons and a complaint. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant through registered or certified mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. It may include photographs of your injuries, medical bills, and lost wages. It also includes details of the accident and what the defendant is responsible for your injuries.
During the middle phase of a lawsuit, called "discovery" the parties is given the chance to ask questions and examine evidence held by the other party. Your attorney will be important in this stage of negotiations as the representatives of the defendants want complete information before they make settlement offers.
Your lawyer may also request to see you by a doctor they select in relation to the damages or injuries you're claiming. If you fail to attend, the judge could dismiss your case, or demand that you pay the defendant for the cost of their examination.
After discovery and inspection have been completed, the lawyers on both sides may file a document known as the "Notice of Issue" and a "Statement of Readyness for Trial." This informs the court that your case is ready to go to trial. The judge will then decide on the trial. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is liable and the jury awards you damages. If the defendant isn't accountable and the jury decides to deny your claim.
Trial
A personal injury case can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. A lawsuit can also be filed for non-physical injuries like discomfort and pain and loss of companionship.
In the early stages of your case the lawyer will investigate your accident to fully understand what occurred and the extent of your losses. You Tube or she will then negotiate with the insurance company of the party who is at the fault. Your attorney will keep you up-to current on any negotiations and significant developments during this process.
If negotiations fail the lawyer will file a formal complaint in the court against the defendant. A Complaint is the initial official document in a civil suit that identifies the parties, describes the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. This typically takes about a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or accepts the allegations contained in the Complaint. At this point your lawyer will provide medical records, documents as well as other evidence to prove your case. The attorney representing the defendant will respond to these documents, and then the two sides will begin negotiations.
If the parties are unable to reach an agreement, mediation or arbitration could be required before the trial can be held. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any companies that have lien on your monetary award through a specialized escrow fund before issuing you an actual check.