How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for injuries or losses. In these situations the defendant is usually the person at fault. The plaintiff is usually the injured party.
Your attorney will review your medical records and other documentation to determine the extent of your injuries, costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury lawsuit, the judge awards the plaintiff a sum of money to cover damages. YouTube can be awarded in a lump sum or spread 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 those which can be listed and quantifiable for example, medical expenses and lost wages. General damages are harder to quantify a dollar amount on, like pain and suffering and loss of enjoyment of life.
Keep a diary to record how your injuries affected you. This increases your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anguish, and how your injuries affect your ability to take part in the activities you used to take for granted.
In many personal injury lawsuits there are multiple defendants. This is particularly true when a business or an individual is guilty of the most blatant negligence, fraud and criminal intent. The court can also give punitive damages to discourage others from acting in a similar manner.
The defendants are served with a summons with a complaint once a lawsuit is filed. The defendants are required to respond (also known as an answering) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed, the case moves to a stage of fact-finding known as discovery. This is when both parties will exchange relevant information and evidence, including depositions under oath. This stage accounts for the majority of time in the timeline of personal injury lawsuits.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose your right to recover damages. It is crucial to speak with an attorney in personal injury as soon as possible even if you're not certain if the incident occurred before the timeframe.
A statute of limitations is a law of the state which sets a time frame on the time you must make an injury lawsuit. In many states the statute of limitations begins the date on which the accident or incident caused your injuries. The time limit for filing a lawsuit for injury also depends on who you are seeking to sue. For example, if you are seeking to sue a municipal government agency (such as a county or city) the deadline is shorter.
In addition there are certain circumstances that could alter the statute of limitations in your case. If you were exposed to toxic substances or suffered from medical malpractice, for example, the statute of limitation can begin when you discover or ought to have known that your injuries are the result of negligence. In some cases the statute of limitations may be tolled for minors.
If you file an injury claim after the statute of limitations has expired the defendant will likely to inform the court and request your lawsuit to be dismissed. In this instance the court will dismiss your claim in a hurry without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a formal legal document that is filed by a party that alleges a cause for action and demands the judicial remedy. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. The defendant is usually able to reject the claim. If the defendant fails to respond, default judgment can be granted to the petitioner's behalf.
Personal injury claims are usually founded on bodily injury. Your attorney will ensure that you receive compensation for medical bills currently incurred and any future costs. This includes things like medications as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as suffering and pain.
The court will set up a preliminary conference when a complaint has been filed to schedule any mandatory oral or physical examinations, and also the production of any documents. Your lawyer will prepare an Bill of Particulars. This is a thorough report of your injuries. It will include all the losses you have suffered including the cost of your current and future medical expenses, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in life and any other non-monetary damages that you seek. If the case is deemed to be a probable cause, your case will be scheduled for public hearing. If your complaint is dismissed because of a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision.
Summons
The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant via registered or certified mail within a certain timeframe. The defendant has to respond or risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you think the defendant is accountable for the injury.
During the middle phase of a lawsuit, called "discovery" the parties is given the chance to ask questions and look over evidence provided by the opposing party. Your attorney will be important in this phase of negotiations since the representatives of the defendant want to have complete information before they make settlement offers.
Your lawyer can also request to see you by a doctor they select in connection with the injuries or damages you're claiming. If you don't show up, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs.
After discovery and inspection have been completed, the lawyers on both sides can file something called the "Notice of Issue" and a "Statement of Readyness 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, a jury will determine if the defendant is at fault for the accident and your injuries. If the defendant is responsible the jury could award you damages. If the defendant is not accountable then the jury will dismiss your claim.
Trial
Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander) and physical injury from accidents like car crashes and falls. Additionally, lawsuits can also be filed for physical injuries, such as pain and suffering 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 injuries. The lawyer will then discuss the matter with the insurance company of the party who is at fault. Your attorney will stay in touch with you about any significant developments and negotiations throughout the entire process.
If negotiations fail the lawyer will submit a formal complaint to court against the defendant. A complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. This typically takes about one month. Once service is complete the defendant has to "answer" the Complaint within a specified time frame, which is typically 30 days.
The answer will tell you if the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. In this stage your lawyer will be able to provide medical records, documents, and other evidence in support of your case. The lawyer for the defendant will provide a response to these documents and the two sides will continue to negotiate.
If the parties are unable to reach a settlement the mediation or arbitration process could be required before your case is put to trial. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any companies with liens on your monetary award through a specialized account before distributing the check.