How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for injuries or losses. The cases typically involve a party who is at the fault (defendant) and an injured party known as the plaintiff.
Your lawyer will go through your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff is successful in a personal injury lawsuit, the courts award them funds to pay for their damages. The funds may be awarded as a lump sum or spread over a period of time in an agreed settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those that can be quantified that can be listed like medical bills and lost earnings. General damages are difficult to put a dollar amount on, like suffering and suffering, as well as loss of enjoyment.
Keep a journal to document how your injuries impacted your life. This will increase your chance of receiving the most compensation for noneconomic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental anguish and how injuries affect your ability to participate in activities that you used to take for granted.
In many personal injury lawsuits there are multiple defendants. This is the most frequent scenario when a business or individual acts with fraud, criminal intent and gross negligence. The court can also award punitive damages to deter others from acting in a similar manner.
After a lawsuit has been filed and the defendants are served with a summons and complaint. They are then required to respond which is also known as an answer, within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed, the case enters an investigation known as discovery. Both parties will exchange information and evidence in this stage and may even conduct depositions. This is the stage that accounts for the majority of the time in the timeline of personal injury lawsuits.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is likely that you will lose the right to damages. It is important to consult an attorney for personal injuries as soon as possible even if you're unsure certain if the incident occurred before the time frame.
A statute of limitations is a law in a state that sets a deadline for filing an action. In most states, a statute of limitations begins on the date that the accident or incident caused your injuries. The time frame for filing a lawsuit for injury also depends on the party you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as city or county), the deadline will be much shorter.
Additionally, there are certain situations that could alter the statute of limitations in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for example, the statute of limitation can begin when you discover or ought to have known that your injuries are due to negligence. In some cases the statute of limitations can be extended 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 your lawsuit to be dismissed. In accident and injury lawyers will decide to dismiss your claim summarily without a hearing. It is essential to contact a personal injury lawyer as soon as possible to discuss your situation and determine if you are eligible to file an official claim.
Complaint
A complaint is an official legal document filed by a party who alleges a cause for action and demands legal relief. The complaint must also specify the type of relief the plaintiff seeks. The defendant must then respond within a specified time frame. In general the case, a defendant will deny the claim. If the defendant fails to respond, a default judgment may be made in favor of the petitioner.
Personal injury claims are generally based on actual bodily harm. Physical injuries can be extremely expensive, and your attorney will work to ensure that you are compensated for any existing medical bills as well as any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes things such as the inability to walk, drive, or sleep normally. This type of damage is known as pain and suffering.
The court will schedule an initial conference once the complaint has been filed to schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then prepare the Bill of Particulars. It is a comprehensive report of your injuries. It will include all of your losses which include the cost of your current and future medical bills, lost earnings and property damage. Your lawyer will also detail the alleged emotional distress or disfigurement, loss of enjoyment of life and any other damages that you seek. If your case is deemed 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 does not have jurisdiction, you can 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 certified or registered mail within a specific timeframe. The defendant has to respond, or else risk a default judgement against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which details the injuries and damages you've suffered more fully. It could 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, referred to as "discovery" the parties is able to ask questions and examine evidence provided by the opposing party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, and your attorney plays a significant role in negotiations during this time.
Your lawyer can also ask that you are examined by a doctor they select in connection with the injuries or damages you're claiming. If you don't attend, the court may dismiss your case. Or order that you pay for the doctor's examination costs.
After discovery and inspection, attorneys on 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 set a trial date. During the trial, the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is to blame and the jury awards you damages. If the defendant is not responsible and the jury denies your claim.
Trial
A personal injury lawsuit can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as pain and suffering and loss of companionship.
In the beginning of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend the cause of the incident and the extent of your damages. The lawyer will then negotiate with the insurance company of the party who is at fault. Your lawyer will stay in touch with you on any significant developments and negotiations throughout the entire process.
Once negotiations have failed the lawyer will make a formal complaint to the court against the defendant. A Complaint is the first 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 means it must be physically delivered to him or her. This typically takes about one month. After service is completed, the defendant must "answer" the Complaint within a specified time, which is usually 30 days.
The answer will explain whether the defendant denies or acknowledges the allegations contained in the Complaint. During this phase your lawyer may provide medical records, documents and other evidence to support of your case. The defendant's lawyer will submit an answer to these documents and the two parties will then engage in further discussions.
If the parties are not able to reach an agreement and mediation or arbitration might be required before your case is put to trial. However, a large percentage of personal injury cases settle outside of court. After a settlement has been reached, your lawyer has to pay any companies with lien on the money award out of a special account for escrow before he or will issue you a check.