How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for injuries or losses. The cases typically involve a person at the fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will review your medical records and other documents to understand the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company for you.
Damages
When a plaintiff wins in a personal injury case the court awards the plaintiff a sum of money to cover damages. These funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are measurable costs that can be itemized like medical bills and lost earnings. General damages are more difficult to quantify a dollar amount on, like pain and suffering and loss of enjoyment.
Writing down the way your injuries have affected you your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental stress, and how your injuries affect your ability to engage in activities that you used to take for granted.
In many personal injury cases, more than one defendants are responsible. This is most common when a business or individual commits fraud, criminal intent or gross negligence. The court may also award punitive damages 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. They are then required to submit a response, also known as an answer, within 30 days. Typically, defendants deny the allegations in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. This is where both parties will share relevant information and evidence, including taking depositions under the oath. This stage takes up the majority of the personal injury timeline.
YouTube of limitations
If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. This is why it's important to talk to an attorney for personal injury about your case early even if not sure if the incident occurred before the deadline.
A statute of limitations is a law of the state that sets a time limit on how long you have to make an injury lawsuit. In the majority of states the statute of limitations runs with the date of the accident or incident that caused your injuries. The time frame to file a lawsuit also depends on who you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as city or county) the deadline is shorter.
There are other situations that could alter the statute of limitation in your particular case. For instance, if were exposed to toxic 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 certain instances minors are exempt from the statute of limitation.
If you file a claim for injury after the statute of limitation has expired the defendant will likely inform the court about this and request that your lawsuit be dismissed. In this case, the court will dismiss your claim in a hurry without hearing. It is essential to contact an attorney for personal injuries as soon as you can to discuss your case and determine if you are eligible to file a legal claim.
Complaint
A complaint is an official legal document filed by a party that alleges a cause for action and seeks legal relief. The complaint should also define the type of compensation that the plaintiff is seeking. The defendant is then required to respond within a set time frame. The defendant is usually able to deny the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner.
Most personal injury claims involve actual bodily harm. Physical injuries can be very expensive, and your lawyer will work to ensure that you receive compensation for any current medical bills, as well as any future expenses you anticipate. These costs include medical expenses, home care, and physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes things like being unable to walk, sleep or drive normally. This kind of injury is referred to as suffering and pain.
The court will call a preliminary conference when a complaint has been filed. The court will schedule any mandatory oral or physical examinations and also the production of any documents. Your lawyer will then prepare the Bill of Particulars. This is a thorough report of your injuries. It will include all of your losses which include the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will also detail the grievous emotional distress or disfigurement, loss of enjoyment of life and any other damages that you are seeking. If the case is determined to have probable cause, your case will be scheduled for public hearing. If your complaint is rejected due to a determination of 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 as well as a complaint. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant via registered or certified mail within a certain timeframe. The defendant must respond, or else risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which sets out the damages and injuries you've suffered more fully. It may include photographs of your injuries, medical bills, and lost wages. The document will also contain information regarding the accident and why you believe the defendant is accountable for the damage.
In the middle of a lawsuit, called "discovery" in which each party is given the chance to ask questions and examine evidence provided by the opposing party. Your attorney will be important in this stage of negotiations because the representatives of the defendant want to have complete information before they make settlement offers.
Your lawyer may also request to have you examined by any doctor they choose in relation to the damages and injuries you're seeking. If you do not attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs.
After discovery and inspection, attorneys on both sides can file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is ready to go to trial. The judge will then set the date for the trial. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant is not at fault then the jury will deny your claim.
Trial
Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) and physical injury caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed for non-physical injuries such as pain and suffering and loss of companionship.
Your lawyer will conduct a thorough investigation on your accident in the early stages of the case to determine the exact cause and the extent of your injuries. Then, he will negotiate with the insurance company of the at-fault company. Your attorney will keep in touch with you on any significant developments and will also negotiate throughout the process.
If negotiations don't work, your lawyer will file an official complaint in the court against defendant. A complaint, the first official document filed in civil lawsuits, names all parties, details the incident and alleges wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. This typically takes about one month. Once service is complete the defendant has to "answer" the Complaint within a set time frame, which is typically 30 days.
The answer will tell you if the defendant acknowledges the allegations in the Complaint or denies them. At this point, your lawyer may provide medical records, documents as well as other evidence to prove your argument. The lawyer for the defendant will provide an answer to these documents and the two parties will then engage in further discussions.
If the parties are unable to come to an agreement, mediation or arbitration may be required before a trial can take place. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any businesses that have lien on your monetary award from a specific money escrow before distributing a check.