How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for injuries or losses. These lawsuits typically involve a person at fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will review all medical records, as well as other documentation, to determine the full extent and cost of your injuries and damage. This will help them prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury lawsuit the court gives them money to pay for damages. The funds may be awarded as an amount in one lump sum or spread over a time period or as part of an agreed settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are expenses that can be categorized and quantifiable like medical expenses and lost wages. General damages are harder to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment of life.
Writing down how your injuries have affected you can help improve your chances of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anxiety and how injuries affect your ability to engage in activities you once took for taken for granted.
In many personal injury lawsuits there are many defendants. This is especially true when a business or individual acts with criminal intent, fraud, and gross negligence. 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, also known as an answer, within 30 days. Typically, the defendants will 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 and may even conduct depositions. This stage takes up the majority of the personal injury timeline.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires, it is likely that you'll lose your right to receive damages. That's why it's crucial to consult a personal injury lawyer about your case as early as possible, even if you are not sure if the accident occurred before the deadline.
A statute of limitation is a law of the state that sets a deadline for filing lawsuits. In auto accident injury , a statute of limitations begins the date on which the accident or incident led to your injuries. The time limit for filing a lawsuit for injury is dependent on the person you are seeking to sue. For instance, if you are seeking to sue a municipal government entity (such as a city or county), the deadline is significantly shorter.
There are other situations that may change the time limit in your situation. For example, if you were exposed to harmful substances or suffered medical malpractice the statute of limitations may start when you discover or should have realized that your injuries were the result of negligence. In some cases, minors are exempt from the statute of limitations.
If you file an 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. If this occurs, the court will summarily dismiss your claim without hearing. This is why it's important to speak with a seasoned 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 which alleges an actionable cause, and a demand for judicial relief. The complaint should also state the type of compensation that the plaintiff seeks. The defendant must then respond within a specified time frame. The defendant is usually able to decline to respond. If the defendant fails to respond to the claim, a default judgement may be granted for the petitioner.
Personal injury claims are typically founded on bodily injury. Your attorney will make sure that you receive compensation for your current medical bills as well as any future expenses. These include things like medication as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life resulting from 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.
When a complaint is made when a complaint is filed, the court will convene a preliminary conference to set the date for the mandatory oral and physical examinations, as well as any document production. Your lawyer will then prepare a Bill of Particulars. This is a detailed description of your injuries. This will include your losses including future and present medical costs, lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment and any other damages not monetary you're seeking. If your case is deemed to have 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 may appeal the decision.
Summons
The formal lawsuit process begins with a summons and complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant through certified or registered mail within a specified timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in more depth. This may include photos of your injuries, medical expenses and lost wages. The document also contains details about the accident and how you think the defendant is accountable for the damage.
During the middle phase of a lawsuit, referred to as "discovery" the parties is able to ask questions and look over evidence presented by the other party. Your attorney is crucial during this stage of negotiations because the representatives of the defendants want full information before making settlement offers.
Your lawyer may also request that you be examined by a doctor of their choosing in regard to the injuries and damages you're claiming. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs.
After discovery and inspection have been completed, attorneys on both sides may file a document known as a "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 decide on a trial. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant is not at fault, the jury will reject your claim.
Trial
Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit can also be filed for physical injuries, such as discomfort and pain and loss of companionship.
In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will keep you up to the minute on any negotiations or significant developments throughout this process.
Once negotiations have failed the lawyer will make a formal complaint to 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 requests compensation. The complaint must be personally served and must be delivered physically to the defendant. This usually takes a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer is whether the defendant is willing to admit the allegations made in the Complaint or denies them. In this phase your lawyer will provide medical records, documents as well as other evidence to prove your case. The defendant's attorney will then respond to these documents and then the two sides will start further negotiations.
If the parties are not able to come to an agreement the mediation or arbitration process could be required before your case goes to trial. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any businesses that have lien on your monetary award through a specialized account before distributing an actual check.