How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for injuries or losses. In these situations, the defendant is usually the one responsible for the incident. The plaintiff is usually the party who is injured.
Your lawyer will review all of your medical records along with other documents, to determine the totality and cost of your injuries and damage. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury case, the judge awards them money to pay for damages. The funds may be awarded as an amount in one lump sum or spread over a period of time or as part of the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs that can be categorized and quantifiable, such as medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment, are more difficult to quantify.
Keep a diary to record the way your injuries affected your life. This will increase your chances of receiving the most compensation for the non-economic damages. These include the effects on your relationships, your daily pain levels and bouts of mental anguish, and how your injuries affect your ability to engage in activities that you used to take for granted.
In many personal injury lawsuits there are many defendants. This is most common when a business or individual is guilty of criminal intent, fraud or gross negligence. The court can also award punitive damages to deter other people from doing the same thing.
When a lawsuit is filed and the defendants are served with a summons and complaint. They are then required to submit a response or answer, within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. The parties will exchange information and evidence during this stage and may even conduct depositions. This phase takes up the majority of the personal injury timeline.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations expires, you will likely lose the right to collect damages. It is important to consult a personal injury attorney as soon as possible even if you're not sure whether the accident occurred within the time frame.
A statute of limitations is a law in a state that sets a time limit on the amount of time you have to bring a lawsuit for injury. In the majority of states the statute of limitations begins on the date of the incident or accident that led to your injuries. The deadline to file a lawsuit for personal injuries also depends on the person you are suing. For instance, if are seeking to sue a municipal government agency (such as a city or county), the deadline is shorter.
There are other situations that may change the statute of limitations in your particular case. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or ought to have known that your injuries are due to negligence. In accident and injury lawyers of limitations can be extended for minors.
If you file a claim for injury after the statute of limitations has expired the defendant will likely inform the court of this and ask that your case be dismissed. In this case, the court will dismiss your claim summarily without hearing. This is why it's important to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is a formal legal document filed by a party that asserts a cause of action and seeks judicial relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant must then respond within a specific timeframe. A defendant will usually decline to respond. If the defendant fails to respond, default judgment can be granted to the petitioner's behalf.
Most personal injury claims are based on actual bodily injury. Physical injuries can be very expensive, and your lawyer will work to ensure you get paid for any existing medical bills, as well as any future expenses you anticipate. These expenses include medication as well as 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 drive, sleep or walk normally. This kind of injury is referred to as suffering and pain.
The court will call a preliminary conference when the complaint has been filed to schedule any mandatory oral or physical examinations and also the production of any documents. Your lawyer will then prepare an Bill of Particulars. It is a comprehensive account of your injuries. This will include your losses including your future and current medical costs as well as lost wages and property damage. Your lawyer will also describe the alleged emotional distress or disfigurement, loss of enjoyment of life, and any other damages that are not monetary you're seeking. If the case is deemed to have probable cause the case will be scheduled for a public hearing. If your complaint is rejected due to a determination of no probable reason or because the court lacks jurisdiction, you can appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff file the complaint with a court and sends a copy of the document to the defendant by registered or certified mail within a specific 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 damages and injuries sustained by you in greater detail. This may include photos of your injuries, medical bills and lost wages. It also contains details about the accident and what the defendant is accountable for the harm you suffered.
In the middle of a lawsuit referred to as "discovery," each party gets to ask questions and examine evidence that is held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, and your attorney will play an important role in negotiations during this phase.
Your lawyer can also request to have you examined by a doctor they select in relation to the damages or injuries you're claiming. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs.
After the discovery and inspection process is completed, attorneys on each side can file something called an "Notice of Issue and Statement of Readiness for Trial." This informs the court that your case is now ready to go to trial. The judge will then schedule the trial. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not accountable then the jury will deny your claim.
Trial
Personal injury claims can cover a broad range of injuries, including wrongful death, emotional distress (libel or slander), and physical harm from accidents like car crashes and falls. A lawsuit can also be filed for non-physical injuries, such as discomfort and pain, as well as 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 extent of your injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will keep you up to the minute on any negotiations or important developments throughout the process.
If negotiations are unsuccessful, your lawyer will file a formal complaint in the court against defendant. A Complaint, which is the first official document in civil lawsuits, names all parties, outlines the incident, and claims that there was wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. It usually takes about one month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or accepts the allegations made in the Complaint. In this phase, your lawyer may submit medical records, documents as well as other evidence to prove your argument. The defendant's lawyer will submit a response to these documents and the two parties will continue to negotiate.
If the parties are unable to reach an agreement, then mediation or arbitration may be required before a trial can take place. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any company with liens on your monetary award through a specialized money escrow before distributing the check.