How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for injuries or losses. In these cases the defendant is typically the person who is at fault. The plaintiff is usually the injured party.
Your attorney will review all medical records along with other documentation, in order to determine the full extent and cost of your injuries and damages. This will help them prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in a personal injury case, the judge awards the plaintiff money to pay damages. These funds can be awarded in an amount in one lump sum or spread out over a time period in the settlement is structured. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are the ones that can be quantified that can be categorized, such as medical bills and lost earnings. General damages, like pain and discomfort and loss of enjoyment are more difficult to quantify.
Keeping a journal detailing how your injuries have affected you can help improve the odds of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental stress and how your injuries affect your ability to engage in the activities you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is the most frequent scenario when a business or person acts with fraud, criminal intent or gross negligence. The court can also award punitive damage to discourage others from acting in the same way.
After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants will be required to provide a response (also called an answering) within 30 days. Usually, defendants deny 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 during this stage and may even conduct depositions. This stage takes up the majority of the timeline for personal injuries.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitation expires, it's likely that you'll lose your right to receive damages. That's why it's crucial to talk to an attorney who specializes in personal injury to discuss your case early on even if not certain if the incident occurred before the deadline.
A statute of limitations is a state law which sets a deadline for filing a lawsuit. In many states the statute of limitations runs with the date of the incident or accident which caused your injuries. The deadline for filing a personal injury lawsuit also depends on the person you're suing. If you intend to sue an entity that is a part of the municipal government (such as a county or city) the deadline will be much shorter.
There are certain circumstances which could change the time limit in your case. For instance, if were exposed to toxic substances or suffered medical malpractice the time limit may begin when you realize or should have realized that your injuries were the result of negligence. In some cases the statute of limitations can be tolled for minors.
If You Tube file a personal injury claim after the statute of limitations has expired the defendant will likely point this out to the court and ask for the dismissal of your lawsuit. If this happens, the court will summarily dismiss your claim without hearing. It is crucial to speak with an attorney who specializes in personal injury as soon as possible to discuss your situation and determine if you have an official claim.
Complaint
A complaint is a formal legal document filed by a person who asserts a cause of action and seeks legal relief. The complaint must also specify the type of compensation that the plaintiff is seeking. The defendant must then respond within a specified time period. In general the event of a denial, the defendant will not respond to the claim. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf.
In the majority of cases, personal injury claims involve actual bodily harm. Physical injuries can be costly, and your attorney will work to ensure you are compensated for any existing medical bills and any future costs that are anticipated. These expenses include medication, home care, and physical therapy. You may also be able to claim any loss in your quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of damage is known as suffering and pain.
When a complaint is made and the court is notified, they will hold a preliminary meeting to plan mandatory physical and oral examinations, as well as any document production. Your lawyer will then draft the Bill of Particulars. It is a thorough description of your injuries. It will include all your losses which include the cost of your current and future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in your life as well as any other damages that are not monetary that you're seeking. If the case is determined to be probable cause the case will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court does not have jurisdiction, you may appeal the decision.
Summons
The formal lawsuit process starts with a summons and complaint. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via certified or registered post within a certain time frame. The defendant must respond, or else risk a default judgement against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills and lost wages. The document also includes information about the incident and how you believe the defendant is accountable for the injury.
In the middle of a lawsuit, referred to as "discovery" in which each party is able to ask questions and review evidence held by the other party. The defendant's representatives will want to have all the facts before making settlement offers, and your attorney plays a significant role in negotiations during this phase.
Your lawyer can also ask to have you examined by a doctor they choose in relation to the injuries or damages you're claiming. If you do not take part, the judge may dismiss your case or order that you pay the defendant the cost of their examination.
After a 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 determine an appointment 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 sustained. If the defendant is to blame and the jury awards you damages. If the defendant is not responsible, the jury will deny your claim.
Trial
A personal injury case encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. Additionally, lawsuits can also be filed to address non-physical injuries such as pain and suffering and loss of companionship.
In the beginning of your case, your lawyer will research your accident in order to fully comprehend what happened and the magnitude of your losses. He or she will then negotiate with the insurance company of the party who is at the fault. Your attorney will stay in touch with you about 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 is the first official document in a civil suit that identifies the parties, details the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. This usually takes approximately a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer explains whether the defendant is willing to admit the allegations in the Complaint or denies them. In this stage, your lawyer can submit documents, medical records and other evidence to support of your case. The defendant's lawyer will submit an answer to these documents and the two sides will then engage in further discussions.
If the parties are unable to reach an agreement, mediation or arbitration could be required prior to the trial can be held. However, a large percentage of personal injury cases settle outside of court. When a settlement is reached, your lawyer has to pay any companies with liens on the monetary award out of a special account for escrow before he or they can issue an official check.