How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. These lawsuits typically involve a person who is at the fault (defendant) and an injured party known as the plaintiff.
Your attorney will review your medical records and other documentation to determine the extent of your injuries, expenses and damages. This will help them prepare and negotiate with the insurance company for you.
Damages
When a plaintiff wins a personal injury lawsuit, the courts award them money to pay for their damages. The funds may be awarded as an amount in one lump sum or spread out over a time period, as part if a structured settlement. These funds are also 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 listed like medical bills and lost earnings. General damages, such as pain and discomfort and loss of enjoyment of life, are more difficult to quantify.
Keep a journal in which you can record how your injuries impacted your life. This increases your chances of receiving the most compensation for the non-economic damages. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to complete things you once took for granted.
In many personal injury cases, more than one defendants are accountable. This is most common when a business or individual commits criminal intent, fraud, and gross negligence. The court may also give punitive damages to discourage others from acting in the same way.
When a lawsuit is filed and the defendants are served with a summons and complaint. They will then be required to file a response which is also known as an answer, within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will exchange information and evidence in this stage and may even conduct depositions. This phase takes up the majority of a personal injury timeline.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations runs out you could lose your right to recover damages. This is why it's important to speak with a personal injury lawyer about your case early, even if you are not sure if the accident occurred within the timeframe.
A statute of limitations is a state law which sets a time frame on the time you can make an injury lawsuit. In many states the statute of limitations begins at the time of the incident or accident that caused your injuries. The time limit to file a lawsuit also depends on the party you are seeking to sue. If you intend to sue an entity of municipal government (such as the city or county), the deadline will be shorter.
In addition, there are certain situations that could alter the statute of limitations in your situation. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation can begin when you discover or reasonably should have known that your injuries are due to negligence. In certain instances, minors are exempt from the statute of limitations.
If you make a claim for injury after the statute of limitations has expired Your defendant is likely to tell the court about this and request that your case be dismissed. If this occurs, the court will summarily dismiss your claim without a hearing. It is important to consult a personal injury lawyer as soon as possible to discuss your situation and determine if you can make an official claim.
Complaint
A complaint is a formal legal document that is filed by a party who asserts a cause of action and demands judicial relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific time frame. 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 most cases, personal injury claims are based on actual bodily harm. Your attorney will make sure that you get paid for the medical bills you are currently paying and any future costs. These expenses include medications as well as home care and physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes things like the inability to walk, drive, or sleep normally. This kind of injury is referred to as pain and suffering.
The court will call a preliminary conference when the complaint has been filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then prepare an 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 also outline the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you're seeking. If the case is deemed to be probable cause the case will be scheduled for a public hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court does not have jurisdiction, you may 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 of the complaint via registered or certified mail within a certain time frame. The defendant must respond or risk a default judgement against them. Your New York City personal injury attorney will file a Bill of Particulars, which sets out the damages and injuries you've suffered more fully. 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 harm.
In the middle of a lawsuit, also known as "discovery" the parties is given the chance to ask questions and look over evidence provided by the other party. Your lawyer will be crucial in this stage of negotiations since the defendant's representatives want complete information prior to making settlement offers.
Your lawyer can also request to have you examined by a doctor of their choosing in relation to the injuries and damages you're seeking. If you fail to attend, the court could dismiss your case. Or order that you pay for the defendant's exam costs.
After the 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 prepared for trial. The judge will then decide a trial date. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is accountable and the jury awards you damages. If accident injury law firms is not accountable, the jury will deny your claim.
Trial
Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful deaths (libel or slander), and physical harm from accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical like pain and discomfort and loss of companionship.
Your lawyer will conduct an investigation on your accident in the beginning stages of the case to determine the exact nature and severity of your injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your lawyer will keep you up-to date on any negotiations and significant developments throughout this process.
Once negotiations have failed the lawyer will file a formal complaint in the court against the defendant. A Complaint, which is the first official document of a civil suit, lists all parties, details the incident and lays out allegations of wrongdoing. It also seeks compensation. The complaint must be personally served, which means that it must be delivered physically to the defendant. This usually takes around one month. Once service is complete and the defendant is required to "answer" the Complaint within a set time, which is usually 30 days.
The answer will reveal whether the defendant denies or accepts the allegations made in the Complaint. At this point, your lawyer may submit documents, medical records and other evidence to support your argument. The lawyer representing the defendant will submit a response to these documents and the two parties will continue to negotiate.
If the parties are unable to come to an agreement, mediation or arbitration may be required before the trial can be held. A large portion of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any businesses that have liens on the monetary award out of a special account for escrow before he or she will write you an official check.