How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These lawsuits typically involve a person at fault (defendant) and an injured party, referred to as the plaintiff.
Your lawyer will go through all of your medical records and other documentation, in order to determine the totality and cost of your injuries and damages. This will allow them to prepare and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in a personal injury lawsuit, the courts award them money to cover their losses. The money can be awarded in lump sums or spread out over a time period, as part if an agreed settlement. These funds are also known as compensatory damages. There are two kinds: special and general. Special damages are the ones that can be quantified that can be categorized for medical expenses and lost earnings. General damages are difficult to place a dollar value on, like pain and suffering and loss of enjoyment.
Keep a diary of how your injuries have affected the odds of obtaining maximum compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental anguish, and how your injuries affect your ability to take part in activities you once took for granted.
In many personal injury lawsuits, there are multiple defendants. This is particularly true when a business or an individual is guilty of reckless negligence, fraud, and criminal intention. The court may also award punitive damage to discourage others from engaging in the same manner.
After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants are required to respond (also called an answering) within 30 days. Typically, defendants not deny the allegations contained in the complaint. After the answer has been filed, the case is moved to an investigation known as discovery. Both parties will exchange information and evidence during this phase and may even conduct depositions. This stage accounts for the majority of time in a personal injury lawsuit timeline.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is possible that you will lose your right to receive damages. It is crucial to speak with a personal injury attorney as soon as you can, even if you're not sure whether the accident occurred before the deadline.
A statute of limitation is a state law which establishes a deadline for filing a lawsuit. In most states, the statute of limitations starts with the date of the accident or incident that led to your injuries. The deadline for filing a personal injury lawsuit also depends on the person you are suing. If you intend to sue an entity of municipal government (such as a county or city) the deadline will be shorter.
In addition, 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 a victim of medical malpractice the time limit may begin when you realize, or reasonably 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 a personal injury claim after the time limit has expired the defendant will likely to inform the court and ask for your lawsuit to be dismissed. In this instance the court will decide to dismiss your claim summarily without a hearing. It is important to consult an attorney for personal injuries as soon as possible to discuss your case and determine if you can make a legal claim.
Complaint
A complaint is a legal formal document filed by a plaintiff which asserts a cause of action, and a demand for the judicial remedy. The complaint must also specify the type of relief the plaintiff is seeking. The defendant is then required to respond within a set timeframe. In general, a defendant will not respond to the claim. If the defendant does not respond to the claim, a default judgment could be granted for the petitioner.
Most personal injury claims can result in bodily harm. Your attorney will make sure that you are compensated both for the medical bills you are currently paying and any future costs. These include things like medication or home care, as well as physical therapy. In addition, 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 type of damages is known as suffering and pain.
If a complaint is filed and the court is notified, they will hold a preliminary conference to schedule obligatory oral and physical examinations, as well as any document production. After the conference your lawyer will draft the Bill of Particulars. This is a detailed description of your injuries. It will include all your losses which include the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will also describe the alleged emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you seek. If the case is determined to be a probable cause the case will be scheduled for a public hearing. If your complaint is dismissed due to a finding of no probable reason or because the court is not in authority, you can appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a specified time frame. injury and accident lawyer 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 suffered by you in more specific detail. It could include photos of your injuries, medical bills and lost wages. The document also includes information about the accident and how you think the defendant is accountable for the harm.
During the middle part of a lawsuit called "discovery," each party has the opportunity to ask questions and look over evidence that is held by the other party. Your lawyer will be crucial in this stage of negotiations since the representatives of the defendant want to have complete information prior to making settlement offers.
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 don't attend, the judge could dismiss your case or order that you pay the defendant for their examination costs.
After the discovery and inspection, attorneys from 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 to go to trial. The judge will then schedule the trial. During the trial, a jury will determine if the defendant is at fault for the accident and injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't responsible, the jury will deny your claim.
Trial
A personal injury lawsuit can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like suffering and pain, as well as loss of companionship.
Your lawyer will conduct a thorough investigation on the accident during the initial stages of the case to determine the exact cause and the extent of your injuries. He or she will then discuss the matter with the insurance company of the party at fault. Your attorney will stay in touch with you about any significant developments and negotiations throughout the entire process.
If negotiations fail 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 civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to him or her. It typically takes one month. After service has been completed, the defendant must "answer" the Complaint within a specified date, which is usually 30 days.
The answer will reveal whether the defendant denies or accepts the allegations contained in the Complaint. In this stage your lawyer may submit medical records, documents and other evidence to support of your case. The lawyer representing the defendant will then reply to these documents and the two sides will start discussions.
If the parties are not able to reach an agreement the mediation or arbitration process could be required before your case can go to trial. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award from a specific account before distributing a check.