How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over the compensation for losses or injuries. These lawsuits 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, the costs and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in a personal injury case the judge gives the plaintiff money to pay damages. These funds may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are 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 itemized like medical bills and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify.
Keeping a journal detailing how your injuries have affected your chance of winning maximum compensation for non-economic damages. These include the effects on your relationships, daily pain levels, and episodes of mental stress, and how injuries affect your ability to participate in activities that you used to take for granted.
In many personal injury cases, multiple defendants are at fault. This is most common when a person or business acts with gross negligence, fraud, and criminal intent. The court can also award punitive damage to discourage others from engaging in the same manner.
The defendants will receive an order with an accusation once the lawsuit has been filed. They are then required to submit a response, also known as an answer, within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. Both parties will exchange information and evidence during 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 has expired the statute of limitations will expire and you'll likely lose your right to recover damages. It is important to consult a personal injury attorney as soon as you can even if you're not certain whether the incident occurred within the time frame.
A statute of limitations is a law in a state that sets a deadline for filing an action. In many states, a statute of limitations begins on the date on which the accident or incident caused your injuries. The deadline to file a lawsuit for personal injury is dependent on the individual you are suing. For example, if you would like to sue a local government entity (such as a city or county), the deadline is significantly shorter.
There are other situations that may change the time limit in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for example, the statute of limitation could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain instances, minors are exempt from the statute of limitation.
If you file an injury claim after the time limit has expired the defendant will likely point this out to the court and ask for the case to be dismissed. If auto accident injury lawyers happens, the court will dismiss your claim on the spot without a hearing. It is essential to contact an attorney for personal injuries immediately to discuss your case to determine if you are eligible to file an official claim.
Complaint
A complaint is a legal document filed by a plaintiff which alleges a cause of action and demands judicial relief. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. A defendant is likely to decline to respond. If the defendant does not respond to the claim, a default judgement may be granted in favor of the petitioner.
In the majority of cases, personal injury claims can result in bodily injury. Physical injuries can be extremely costly, and your attorney will ensure that you get paid for any existing medical bills, as well as any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. You may also be able to claim any loss in quality of life resulted from your injury. This includes the inability to walk, drive or sleep normally. This type of damage is known as pain and suffering.
If a complaint is filed and the court is notified, they will convene a preliminary conference to schedule mandatory physical and oral examinations as well as any document production. Your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. It will include all of your losses, including the costs of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also detail the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other non-monetary damages you are seeking. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable reason or because the court is not in jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons as well as a complaint. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant by registered or certified mail within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the injuries and damages suffered by you in more specific detail. It may include photographs of your injuries, medical bills and lost wages. The document also includes information regarding the accident and why you believe the defendant is responsible for the injury.
During the middle phase of a lawsuit, called "discovery", each party is given the chance to ask questions and review evidence held by the opposing party. The defendant's representatives will want to have all the facts before making settlement offers, and your attorney will play an important role in negotiations during this stage.
Your lawyer may also request that you undergo an examination by any doctor they choose in relation 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 the cost of their examination.
After 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 to go to trial. The judge will then set the trial date. During the trial the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is liable, the jury will award you damages. If the defendant isn't liable then the jury will deny your claim.
Trial
Personal injury lawsuits can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit can also be filed for injuries that are not physical, such as discomfort and pain, as well as loss of companionship.
In the beginning of your case, your lawyer will research the accident to determine what happened and the magnitude of your losses. Then, he or she will negotiate with the insurance company. Your attorney will keep you up-to date on any negotiations and important developments throughout the process.
After negotiations have failed, your lawyer will make a formal complaint to court against the defendant. A Complaint, the first official document of a civil suit, lists all parties, describes the incident and lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. This usually takes around a month. After service is completed and the defendant is required to "answer" the Complaint within a set time, which is usually 30 days.
The answer will explain whether the defendant denies or acknowledges the allegations in the Complaint. In this stage, your lawyer can submit documents, medical records, and other evidence in support of your case. The lawyer for the defendant will provide an answer to these documents, and the two sides 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 significant number of personal injury cases are settled out of court. Your lawyer must first pay any company that have liens on your award through a specialized account before distributing a check.