How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. The cases typically involve a person at the fault (defendant) and an injured party known as the plaintiff.
Your lawyer will review all medical records and other documentation, to determine the totality and cost of your injuries and damage. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury case the court awards them money to pay for damages. The money can be awarded in a lump sum or spread over a time period in a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are costs which can be listed and are measurable for example, medical expenses and lost wages. General damages are harder to quantify a dollar amount on, like suffering and suffering, as well as loss of enjoyment.
Keep a diary to record the way your injuries affected you. This increases your chances of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to perform things you once took for granted.
In many personal injury cases, multiple defendants are at fault. You Tube is most common when an individual or business acts with reckless negligence, fraud, and criminal intent. The court can also make punitive damages in order to discourage others from acting in a similar manner.
Once a lawsuit is filed, the defendants will receive a summons and complaint. The defendants must submit a response (also known as an answering) within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer has been filed, the case enters the phase of fact-finding, also known as discovery. This is where the parties exchange pertinent information and evidence, which includes depositions under the oath. This is the majority of the personal injury timeline.
Statute of limitations
If you file a lawsuit for injury after the statute of limitation expires, it is possible that you'll lose the right to damages. This is why it's important to consult an attorney who specializes in personal injury to discuss your case early on, even if you are 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 have to bring a lawsuit for injury. In many states the statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline for filing a personal injury lawsuit is dependent on the individual you are suing. 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 other situations that could alter the statute of limitations in your particular case. If you have been exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation could begin when you realize or ought to have known that your injuries are the result of negligence. In some cases minors are exempt from the statute of limitations.
If you submit a claim for injury after the statute of limitations has expired, your defendant will likely inform the court of this and ask that your lawsuit be dismissed. In this scenario, the court will dismiss your claim without a hearing. It is crucial to speak with an attorney who specializes in personal injury as soon as possible to discuss your case and 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 demands the judicial remedy. The complaint should also define the type of relief the plaintiff is seeking. The defendant is then required to respond within a set time frame. The defendant is usually able to decline to respond. If the defendant does not respond to the claim, a default judgment could be entered for the petitioner.
Most personal injury claims involve actual bodily harm. Your lawyer will ensure that you are compensated both for medical bills currently incurred and any future costs. These expenses include medication, home care, and physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This type of damages is known as pain and suffering.
The court will set up the preliminary conference after the complaint is filed. The court will schedule any mandatory oral or physical examinations and also the production of any documents. Following the conference your lawyer will draft a Bill of Particulars. It is a comprehensive report of your injuries. This will include the losses you have suffered including your future and current medical expenses loss of wages, as well as property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you're seeking. If your case is found to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause, or because the court doesn't have jurisdiction, you are able to appeal the decision.
Summons
The formal lawsuit process begins with a summons and complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy via registered or certified mail within a specific time. The defendant has to respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries suffered by you in greater specific detail. It could include photos of your injuries, medical bills, and lost wages. The document also includes information regarding the accident and why you think the defendant is responsible for the harm.
During the middle phase of a lawsuit, called "discovery" the parties is able to ask questions and examine evidence presented by the opposing party. Your lawyer will be crucial in this stage of negotiations as the representatives of the defendants want full information before making settlement offers.
Your lawyer can also request that you are examined by a doctor they select in relation to the damages or injuries you're seeking. If you don't attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's exam costs.
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 prepared to go to trial. The judge will then set the date for a 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 responsible, the jury may award you damages. If the defendant is not at fault then the jury will deny your claim.
Trial
A personal injury case can result in a variety of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit could also be filed for non-physical injuries like pain and discomfort and loss of companionship.
In the initial stages of your case your lawyer will conduct a thorough investigation of the accident to determine the cause of the incident and the extent of your losses. The lawyer will then discuss the matter with the insurance company of the party at fault. Your lawyer will stay in contact with you regarding any significant developments and discussions throughout the process.
After negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in a court against the defendant. A Complaint, the first official document of a civil suit, lists all parties, outlines the incident and alleges wrongdoing. It also requests compensation. The complaint must be served personally and must be handed over physically to the defendant. This usually takes around one month. Once service is complete and the defendant is required to "answer" the Complaint within a specific time, which is usually 30 days.
The answer will reveal whether the defendant denies or accepts the allegations in the Complaint. During this phase, your lawyer can submit medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents and the two parties will continue to negotiate.
If the parties cannot reach an agreement, then mediation or arbitration may be required before a trial can take place. However, a large percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses with liens on your monetary award from a special account before distributing an actual check.