How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these instances the defendant is usually the one who is responsible for the incident. The plaintiff is usually the victim.
Your attorney will review all of your medical records along with other documentation, in order to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in a personal injury claim the judge awards them money to pay for damages. The funds may be awarded in an amount in one lump sum or spread over a period of time in a structured settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are the ones that can be quantified that can be listed for medical expenses 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 diary to record the way your injuries affected your life. This increases your chances of receiving the maximum amount of compensation for noneconomic damages. These include the effects on your relationships, daily pain levels and bouts of mental stress and how your injuries affect your ability to take part in the activities you used to take for granted.
In many personal injury lawsuits there are multiple defendants. This is especially true when a business or individual acts with fraud, criminal intent, and gross negligence. The court can also award punitive damages to discourage others from engaging in the same manner.
The defendants are served with a summons with a complaint once a lawsuit is filed. The defendants will be required to provide a response (also called an answering) within 30 days. Usually, the defendants deny the allegations made in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This stage accounts for the majority of time in a personal injury lawsuit timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations runs out you could lose the right to collect damages. This is why it's important to speak with an attorney for personal injury about your case early even if not sure if the incident happened within the deadline.
A statute of limitations is a state law which sets a deadline for filing a lawsuit. In many states the statute of limitations begins on the date on which the accident or incident caused your injuries. auto accident injury lawyers for filing a lawsuit for injury also depends on the party you are suing. If you intend to sue an entity that is a part of the municipal government (such as the city or county), the deadline is shorter.
Additionally, there are certain situations that can 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 could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In certain instances, the statute of limitations may be tolled for minors.
If you file an injury claim after the time limit has expired the defendant will likely inform the court and ask for your lawsuit to be dismissed. In this case, the court will dismiss your claim without hearing. This is why it's crucial to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is a formal legal document filed by a person who asserts a cause of action and demands the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specific time frame. A defendant is likely to decline to respond. If the defendant does not respond, a default judgment may be made in favor of the petitioner.
Personal injury claims are generally caused by bodily injury. Physical injuries can be expensive, and your lawyer will work to ensure you are compensated for any existing medical bills as well as any future costs that are anticipated. These expenses include medication as well as home care and physical therapy. You can also claim for any loss of quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This type of damages is referred to as pain and suffering.
The court will schedule a preliminary conference when 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 will provide a full description of your injuries. It will include all the losses you have suffered, including the costs of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also outline the alleged emotional distress or disfigurement, loss of enjoyment of life, and any other non-monetary damages you're seeking. If your case is deemed to be a probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court is not in jurisdiction, you may appeal the decision.
Summons
The formal lawsuit starts with a summons. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant via registered or certified mail within a specific timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It could include photos of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is accountable for your harm.
In the middle of a lawsuit, also known as "discovery," each party gets to ask questions and look over evidence that is held by the other party. Your lawyer will be crucial during this stage of negotiations since the defendant's representatives want full information before making settlement offers.
Your lawyer can also request that you undergo an examination by a doctor of their choosing in relation to the damages and injuries you're seeking. If you fail to attend, the judge could dismiss your case or require that you pay the defendant for their examination costs.
After a discovery and inspection, attorneys on both sides can file a form called "Notice of Issue and 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 responsible for the accident and the injuries you suffered. If the defendant is at fault the jury could award you damages. If the defendant isn't accountable and the jury denies your claim.
Trial
A personal injury lawsuit can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries like suffering and pain, as well as loss of companionship.
Your lawyer will conduct a thorough investigation on your accident in the beginning stages of the investigation to determine the exact nature and severity of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will keep you informed and up to the minute on any negotiations or important developments throughout the process.
After negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file a formal complaint in the court against defendant. A complaint, the first official document of a civil suit, lists all parties, details the incident and alleges wrongdoing. It also seeks compensation. The complaint must be personally served, which means that it must be physically handed to the defendant. This typically takes about one month. After service has been completed, the defendant must "answer" the Complaint within a specified time, which is usually 30 days.
The answer will tell you if the defendant denies or accepts the allegations contained in the Complaint. During this time, your lawyer can submit documents, medical records and other evidence to support of your case. The defendant's attorney will then reply to these documents, and then the two sides will begin further negotiations.
If the parties are unable to reach an agreement, mediation or arbitration may be required before trial can begin. A large portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any companies with liens on the monetary settlement through a specific account for escrow before he or she will write you an official check.