How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for losses or injuries. These cases often involve a party who is at the fault (defendant) and an injured party known as the plaintiff.
Your attorney will review your medical records and other documents to assess the full extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company on behalf of you.
Damages
When a plaintiff wins in a personal injury lawsuit, the judge gives the plaintiff money to pay damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types 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 quantify a dollar amount on, like suffering and suffering, as well as loss of enjoyment.
Keep a diary of the way your injuries have affected you you can help improve your chances of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental anguish and how your injuries affect your ability to take part in the activities you used to take for taken for granted.
In many personal injury lawsuits there are many defendants. This is most common when a person or business acts with fraud, criminal intent and gross negligence. The court can also award punitive damages to deter others from committing the same manner.
The defendants are served with a summons with a complaint after the lawsuit has been filed. The defendants will be required to respond (also called an answering) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case will enter an investigation stage, known as discovery. The parties will exchange information and evidence in this stage, including taking depositions. This is where you will find the majority of time in the timeline of a personal injury lawsuit.
Statute of limitations
If you file an injury lawsuit after the statute of limitations expires, you will likely lose the right to collect damages. It is important to consult an attorney in personal injury as soon as you can even if you're unsure certain whether the incident occurred within the timeframe.
A statute of limitations is a state law that sets a deadline on how long you can make an injury lawsuit. In the majority of states, a statute of limitations begins the date that the accident or incident led to your injuries. The time limit to file a lawsuit is dependent on the person you are suing. For instance, if would like to sue a local government agency (such as a county or city) the deadline is significantly shorter.
There are other situations that may change the time limit in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for example, the statute of limitation may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain instances minors are not subject to the statute of limitations.
If you make an injury claim after the statute of limitations has expired the defendant will likely inform the court of this and ask that your case be dismissed. If this happens, the court will summarily dismiss your claim without a hearing. This is why it's important to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a formal legal document filed by a person who alleges an actionable cause, and a demand for the judicial remedy. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant is then required to respond within a specified time frame. The defendant is usually able to deny the claim. If the defendant fails to respond to the claim, a default judgement may be granted in favor of the petitioner.
In most cases, personal injury claims involve actual bodily injury. Physical injuries can be costly, and your attorney will ensure that you are compensated for any existing medical bills as well as any future expenses you anticipate. These expenses include medication or home care as well as physical therapy. You can also claim for any loss of quality of life caused by your injuries. This includes things like the inability to drive, sleep or walk normally. This kind of damage is known as pain and suffering.
If a complaint is filed, the court will hold a preliminary conference to schedule mandatory physical and oral examinations as well as any document production. After the conference, your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment, as well as any other damages that are not monetary that 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 as a result of a determination that there is no probable cause or because the court does not have jurisdiction, you may appeal the decision.
Summons
The formal lawsuit process begins with a summons and complaint. The plaintiff submits a complaint to the court and sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant must respond, or else risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and how the defendant is accountable for your injuries.
During the middle phase of a lawsuit, called "discovery" in which each party is given the chance to ask questions and examine evidence held by the other party. Your attorney will be important during this stage of negotiations because the representatives of the defendants want full information before making settlement offers.
Your lawyer can also request that you are examined by a physician they select for the injuries or damages you're claiming. If you don't take part, the judge may dismiss your case or order that you pay the defendant the cost of their examination.
Once www.youtube.com and inspection are completed, attorneys on each side can file something called an "Notice of Issue and Statement of Readiness for Trial." This informs the court that your case is prepared to go to trial. The judge will then set the date for the trial. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't at fault, the jury will reject your claim.
Trial
Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries such as the suffering of others and loss of companionship.
Your lawyer will conduct an investigation regarding your accident in the early stages of the case to determine the precise nature and severity of your injuries. Then, he or she will negotiate with the insurance company. Your attorney will stay in touch with you about any significant developments and negotiations throughout the process.
If negotiations fail the lawyer will make a formal complaint to the court against the defendant. A complaint, the first official document in a civil suit, identifies all parties, outlines the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be served personally, which means that it must be delivered physically to the defendant. It usually takes about a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer explains whether the defendant acknowledges the allegations made in the Complaint or denies them. During this time your lawyer will be able to provide medical records, documents and other evidence to support of your case. The lawyer representing the defendant will respond to these documents and the two sides will begin negotiations.
If the parties can't reach an agreement, then mediation or arbitration may be required prior to trial can begin. However, a large percentage of personal injury cases settle outside of court. After a settlement has been reached, your lawyer must pay any companies with liens on the monetary settlement through a specific account in escrow before he/ she will write you a check.