How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. In these cases the defendant is usually the person at fault. The plaintiff is usually the victim.
Your lawyer will review your medical records, as well as other documentation, in order to determine the totality and cost of your injuries and the damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins in a personal injury lawsuit, the court gives the plaintiff money to pay damages. The funds may be awarded as a lump sum or spread out over a time period, as part if an agreed settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are measurable costs that can be categorized, such as medical bills and lost earnings. General damages are harder to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment.
Keep a journal to document the way your injuries affected you. This will increase your chances of receiving the most compensation for the non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anguish, and how your injuries affect your ability to engage in activities you once took for taken for granted.
In a lot of personal injury cases, multiple defendants are responsible. This is especially true when a business or person commits fraud, criminal intent or gross negligence. The court can also award punitive damages to deter others from acting in the same way.
Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants must provide a response (also known as an answering) within 30 days. Typically, defendants will contest the allegations made in the complaint. Once the answer is filed the case will move to a fact-finding stage known as discovery. Both parties will exchange information and evidence in this stage including depositions. This is where you will find the majority of time in the timeline of a personal injury lawsuit.
Statute of limitations
If you make a claim for injury after the statute of limitations expires, it's likely that you'll lose your right to receive damages. It is essential to speak with an attorney for personal injuries as soon as possible even if you're unsure certain if the incident occurred within the time frame.
A statute of limitation is a law of the state that sets a deadline for filing an action. In many states the statute of limitations starts on the date on which the accident or incident led to your injuries. The time frame for filing a lawsuit for injury is dependent on the person you are suing. For instance, if want to sue a municipal government entity (such as a city or county) the deadline is shorter.
Additionally, there are certain situations which could change the statute of limitations in your particular case. For example, if you were exposed to harmful substances or suffered medical malpractice the statute of limitations could begin when you discover or ought to have realized that your injuries were the result of negligence. In certain cases, the statute of limitations is extended for minors.
If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely inform the court and ask for the dismissal of your lawsuit. If this occurs, the court will dismiss your claim on the spot without a hearing. It is crucial to speak with an attorney for personal injuries as soon as possible to discuss your case to determine if you can make an official claim.
Complaint
A complaint is a legal formal document filed by a plaintiff that alleges a cause of action, and a demand for legal relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a certain timeframe. In general the case, a defendant will reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered for the petitioner.
Personal injury claims are generally founded on bodily injury. Your lawyer will ensure that you receive compensation for medical bills currently incurred and any future expenses. This includes things like medications or home care, as well as physical therapy. Additionally, you can claim for any loss of quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as pain and suffering.
The court will call an initial conference once the complaint is filed to schedule any mandatory oral or physical examinations and also the production of any documents. After the conference, your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. It will include all your losses which include the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will also detail the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you're seeking. If the case is found to be probable cause the case will be scheduled for a public hearing. If your complaint is rejected due to a finding of no probable cause or because the court lacks jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons and complaint. The plaintiff files a complaint with the court and sends the defendant a copy via registered or certified mail within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in more specific detail. This could include photos of your injuries, medical bills and lost wages. It may also include details of the accident and what the defendant is accountable for your harm.
During the middle part of a lawsuit called "discovery," each party gets to ask questions and examine evidence that is held by the other party. Your lawyer will be crucial in this phase of negotiations as the representatives of the defendant want to have full information before making settlement offers.
Your lawyer can also request to have you examined by a doctor of their choosing regarding the injuries and damages you're seeking. If you do not attend, the judge could dismiss your case or order that you pay the defendant for the cost of their examination.
After the discovery and inspection process is completed, lawyers on each side can submit a document referred to as the "Notice of Issue and Statement of Readiness for Trial." This informs the court that your case is now ready to go to trial. The judge will then decide on the trial. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is at fault, the jury may award you damages. If the defendant is not liable then the jury will deny your claim.
Trial
A personal injury claim encompasses a range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. A lawsuit could also be filed for non-physical injuries, such as pain and discomfort and loss of companionship.
In the initial stages of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your injuries. Then, YouTube or she will negotiate with the insurance company of the at-fault company. Your attorney will keep in contact with you regarding any significant developments and negotiations throughout the process.
Once negotiations have failed and your lawyer has to file a formal complaint in court against the defendant. A complaint, the first official document in a civil suit, identifies all parties, details the incident and alleges wrongdoing. It also requests compensation. The complaint must be personally served which means it must be delivered physically to the defendant. It typically takes a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer is whether the defendant acknowledges the allegations made in the Complaint or denies them. In this phase your lawyer could submit documents, medical records and other evidence to support your case. The defendant's attorney will then respond to these documents and the two sides will begin discussions.
If the parties cannot reach an agreement, then mediation or arbitration may be required before trial can begin. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any company that have liens on your award from a special escrow fund before issuing you an actual check.