How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these instances the defendant is usually the person who is at fault. The plaintiff is typically the party who is injured.
Your lawyer will go through your medical records and other documents to assess the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in an injury lawsuit, the courts award them money to cover their losses. The money can be awarded as a lump sum or spread over a time period, as part if the settlement is structured. These funds are referred to as compensatory damages. There are two kinds: general and special. Special damages are those that can be quantified that can be listed like medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment of life are more difficult to quantify.
Writing down the way your injuries have affected you you can help improve your chances of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental stress and how your injuries affect your ability to participate in activities you once took for granted.
In a majority of personal injury cases, more than one defendants are at fault. This is particularly true when a business or an individual is guilty of the most blatant negligence, fraud and criminal intention. The court may also award punitive damages to deter others from acting in the same manner.
After a lawsuit has been filed, the defendants will receive a summons and complaint. They must submit a response, also known as an answer within 30 days. Typically, the defendants will contest the allegations made in the complaint. Once the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. Both parties will exchange information and evidence in this stage including depositions. This is the majority of a personal injury timeline.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations runs out the statute of limitations will expire and you'll likely lose the right to collect damages. This is why it's important to talk to an attorney for personal injury about your case as early as possible, even if you are not sure if the accident happened within the deadline.
A statute of limitations is a law in a state that establishes a deadline for filing a lawsuit. In injury accident lawyers of states the statute of limitations begins on the date of the incident or incident caused your injuries. The deadline for filing an injury lawsuit also depends on the party you are suing. If you want to sue an entity of municipal government (such as a county or city) the deadline will be much shorter.
There are certain circumstances that may change the statute of limitations in your particular case. For instance, if were exposed to harmful substances or suffered medical malpractice the statute of limitations could begin when you discover or should have discovered, that your injuries were the result of negligence. In certain instances, the statute of limitations is extended for minors.
If you submit a claim for injury after the statute of limitation has expired Your defendant is likely to inform the court about this and ask that your lawsuit be dismissed. In this scenario the court will decide to dismiss your claim without 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 a legal claim.
Complaint
A complaint is a legal document filed by a plaintiff which asserts a cause of action, and a demand for the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a certain timeframe. In general the event of a denial, the defendant will reject the claim. If the defendant does not respond, default judgment can be entered in the petitioner's favor.
In most cases, personal injury claims are based on actual bodily injury. Physical injuries can be extremely costly, and your attorney will ensure that you receive compensation for any current medical bills and any future costs that are anticipated. These expenses include medications, home care, and physical therapy. You can also claim for any loss in quality of life caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as pain and suffering.
The court will set up a preliminary conference when the complaint has been filed. The court will schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will then prepare an Bill of Particulars. This is a thorough description of your injuries. It will include all the losses you have suffered including the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life and any other damages that are not monetary that you are seeking. If your case is determined to have probable cause, you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable cause or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons and a complaint. The plaintiff files a complaint with the court and then sends the defendant a copy via certified or registered post within a certain time frame. The defendant has to respond, or they risk a default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which details the injuries and damages you've suffered in greater detail. This may 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.
In the middle of a lawsuit, called "discovery", each party is able to ask questions and look over evidence presented by the opposing party. Your lawyer will be crucial in this stage of negotiations since the defendant's representatives want full information before making settlement offers.
Your lawyer can also ask to see you by a doctor they select in connection with the damages or injuries you're claiming. If you fail to attend, the judge may dismiss your case or order that you pay the defendant the cost of their examination.
Once discovery and inspection are completed, lawyers on both sides may file a document known as an "Notice of Issue" and a "Statement of Readiness for Trial." This informs the court that your case is prepared to go to trial. The judge will then set an appointment date for the trial. During the trial, the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is to blame and the jury awards you damages. If the defendant is not liable then the jury will deny your claim.
Trial
Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit can also be filed for injuries that are not physical such as pain and discomfort and loss of companionship.
In the beginning of your case your lawyer will conduct a thorough investigation of the accident to determine the cause of the incident and the extent of your losses. Then, he will negotiate with the insurance company of the at-fault company. Your lawyer will keep you up to current on any negotiations and significant developments during this process.
Once negotiations have failed and your lawyer has to file a formal complaint in court against the defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also seeks compensation. The complaint must be served personally, which means that it must be delivered physically to the defendant. It usually takes about one month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will reveal whether the defendant denies or admits the allegations in the Complaint. In this phase your lawyer could provide medical records, documents and other evidence to support your case. The attorney representing the defendant will then respond to these documents, and then the two sides will start negotiations.
If the parties are not able to reach a settlement, mediation or arbitration may be required prior to your case can go to trial. However, a significant percentage of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any companies with lien on the money award out of a special escrow account before he or she will write you an official check.