How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over the compensation for losses or injuries. These lawsuits typically involve a party who is at fault (defendant) and an injured party known as the plaintiff.
Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you.
Damages
When a plaintiff wins a personal injury case the courts award them money to cover their losses. These funds may be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be categorized like medical bills and lost earnings. General damages are more difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment.
Keep a journal in which you can record the way your injuries affected you. This will increase your chances of receiving maximum compensation for noneconomic damages. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to perform things you once took for granted.
In a majority of personal injury cases, more than one defendants are responsible. This is especially common when a person or business is guilty of reckless negligence, fraud, and criminal motives. The court may also award punitive damage to discourage others from engaging in the same manner.
Once a lawsuit is filed and the defendants are served with a summons and complaint. They will then be required to file a response or answer, within 30 days. Usually, defendants deny the allegations in the complaint. Once the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will exchange information and evidence during this stage including depositions. accident injury law firm for the majority of time in a personal injury lawsuit timeline.
Statute of limitations
If you make a claim for injury after the statute of limitation expires, it's likely that you will lose your right to receive damages. It is important to consult an attorney for personal injuries as soon as possible even if you're unsure certain whether the incident occurred before the deadline.
A statute of limitation is a law in a state that establishes a deadline for filing lawsuits. In most states, a statute of limitations begins on the date on which the accident or incident caused your injuries. The time limit for filing a lawsuit for injury also depends on who you are suing. If you want to sue an entity that is a part of the municipal government (such as the city or county), the deadline is shorter.
In addition there are certain circumstances that can change the statute of limitations in your particular case. For example, if you were exposed to harmful substances or suffered medical negligence, the statute of limitations could begin when you realize or ought to have realized, that your injuries were caused by negligence. In certain instances, the statute of limitations can be extended for minors.
If you file a personal injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and ask for the case to be dismissed. In this scenario the court will dismiss your claim in a hurry without a hearing. This is why it's crucial to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is a legal formal document filed by a plaintiff that asserts a cause of action and demands judicial relief. The complaint must also state what kind of compensation the plaintiff seeks. The defendant is then required to respond within a specified timeframe. A defendant is likely to deny the claim. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf.
In the majority of cases, personal injury claims are based on actual bodily harm. Physical injuries can be very expensive, and your lawyer will work to ensure that you receive compensation for any current medical bills as well as any future expenses you anticipate. This includes things like medications or home care, as well as physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is known as pain and suffering.
When a complaint is filed, the court will hold a preliminary conference to plan mandatory physical and oral examinations, as well as any document production. After the conference your lawyer will draft a Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses which include the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life as well as any other damages that are not monetary that you seek. If the case is determined to be a probable cause, your case 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 may appeal the decision.
Summons
The formal lawsuit process starts with a summons as well as a complaint. The plaintiff files a complaint with the court and sends the defendant a copy by certified or registered post within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. It could include photos of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is responsible for the harm you suffered.
During the middle part of a lawsuit called "discovery," each party has the opportunity to ask questions and look over evidence held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, and your attorney plays a significant role in negotiations during this time.
Your lawyer can also request that you undergo an examination by the doctor of their choice in regard to the injuries and damages you're claiming. If you do not show up, the court may dismiss your case. Or order that you pay for the defendant's exam costs.
After a discovery and inspection, attorneys on both sides can file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is ready for trial. The judge will then set the date for the trial. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is at fault, the jury may award you damages. If the defendant is not accountable and the jury decides to deny your claim.
Trial
Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed over non-physical injuries like pain and suffering and loss of companionship.
Your lawyer will conduct a thorough investigation on your accident in the beginning stages of the case to determine the exact cause and the extent of your injuries. He or she will then negotiate with the insurance company of the party at fault. Your attorney will keep in touch with you about any significant developments and discussions throughout the process.
If negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file a formal complaint in a court against the defendant. A Complaint is the first official document in a civil lawsuit that names the parties, explains the incident, claims that there was wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. This usually takes one month. After service has been completed the defendant has to "answer" the Complaint within a set date, which is usually 30 days.
The answer is whether the defendant is willing to admit the allegations in the Complaint or denies them. At this point your lawyer could submit documents, medical records and other evidence to support your case. The defendant's attorney will respond to these documents, and then the two sides will begin discussions.
If the parties are unable to reach an agreement, mediation or arbitration could be required prior to the trial can be held. However, a substantial portion of personal injury cases settle outside of court. After a settlement has been reached, your lawyer must pay any businesses that have lien on the award out of a special escrow account before he or will issue you a check.