How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for losses or injuries. In these cases the defendant is usually the person who is at fault. The plaintiff is typically the party who is injured.
Your lawyer will go through all of your medical records and other documentation, to determine the totality and cost of your injuries and damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury claim the judge gives them money to pay for damages. These funds may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are costs that can be categorized and quantifiable, such as medical expenses and lost wages. General damages are more difficult to put a dollar amount on, such as pain and suffering and loss of enjoyment.
Keep a diary of how your injuries have affected the odds of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, daily pain levels, and episodes of mental anxiety and how injuries affect your ability to participate in activities that you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is particularly true when a person or business acts with gross negligence, fraud, and criminal intent. The court can also award punitive damages to deter other people from doing the same thing.
The defendants receive a summons with a complaint once a lawsuit has been filed. They are then required to respond which is also known as an answer within 30 days. Usually, defendants deny the allegations in the complaint. After the answer is filed, the case will enter an investigation stage, known as discovery. The parties will share information and evidence in this stage including depositions. This is the majority of the personal injury timeline.
Statute of limitations
If you make a claim for injury after the statute of limitation expires, it is possible that you'll lose the right to damages. That's why it is important to speak with a personal injury lawyer 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 deadline on how long you can make an injury lawsuit. In most states, a statute of limitations starts on the date of the incident or incident caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you are suing. If you are suing an entity of municipal government (such as the city or county), the deadline will be much shorter.
In addition, there are certain situations that can change the statute of limitations in your situation. For instance, if were exposed to harmful substances or a victim of medical negligence, the statute of limitations may start when you realize or ought to have discovered, that your injuries were caused by negligence. In some cases, the statute of limitations may be tolled for minors.
If you file an injury claim after the statute of limitation has expired, your defendant will likely tell the court about this and ask that your lawsuit be dismissed. If this occurs, the court could summarily dismiss your claim without a hearing. It is essential to contact an attorney for personal injuries immediately to discuss your case to determine if you can make a legal claim.
Complaint
A complaint is a formal legal document filed by a party that claims 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 obliged to respond within a specified timeframe. A defendant is likely to reject the claim. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf.
Personal injury claims are generally founded on bodily injury. 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 anticipated future expenses. These include things like medication as well as home care and physical therapy. In addition, 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 type of damage is known as pain and suffering.
If a complaint is filed, the court will convene a preliminary conference to plan mandatory physical and oral examinations as well as any document production. Your lawyer will prepare a Bill of Particulars. This is a thorough description of your injuries. It will include all the losses you have suffered including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress, disfigurement, loss of enjoyment of life and any other damages that you seek. If the case is determined to be a probable cause the case will be scheduled for a public hearing. If your complaint is dismissed because of a determination of no probable reason or because the court is not in jurisdiction, you may appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a specific timeframe. The defendant has to respond, or else risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries suffered by you in greater specific detail. It could include photographs of your injuries, medical expenses and lost wages. It may also include details of the accident and what the defendant is responsible for your injuries.
In the middle of a lawsuit, also known as "discovery" the parties is given the chance to ask questions and examine evidence presented by the opposing party. Your attorney will be important during this stage of negotiations as the defendant's representatives want complete information before they make settlement offers.
Your lawyer may also request that you undergo an examination by the doctor of their choice regarding the injuries and damages you're claiming. If you do not attend, the judge could dismiss your case or require that you pay the defendant their examination costs.
Once discovery and inspection are completed, attorneys on each side can file something called an "Notice of Issue and Statement of Readyness for Trial." This informs the court that your case is prepared to go to trial. The judge will then decide a trial date. During the trial the jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is responsible, the jury will award you damages. If the defendant is not liable then the jury will deny your claim.
Trial
Personal injury lawsuits can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries such as pain and suffering and loss of companionship.
Your lawyer will conduct an investigation regarding your accident in the initial stages of the case to determine the precise nature and severity of your injuries. The lawyer will then engage with the insurance company of the party who is at the fault. Your attorney will keep you up to date on any negotiations and significant developments throughout this process.
Once negotiations have failed and your lawyer has to make a formal complaint to court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, describes the incident, alleges wrongdoing, and seeks compensation. The complaint must be served personally which means it must be delivered physically to the defendant. It usually takes about one month. After service is completed the defendant has to "answer" the Complaint within a specific time, which is usually 30 days.
Article is whether the defendant acknowledges the allegations in the Complaint or denies them. During this stage, your lawyer may provide medical records, documents and other evidence to back your argument. The defendant's attorney will then respond to these documents, and then the two sides will start further negotiations.
If the parties are not able to reach an agreement the mediation or arbitration process could be required prior to your case can go to trial. However, a large percentage of personal injury cases are settled out of court. After a settlement has been reached, your lawyer has to pay any companies that have liens on the monetary settlement out of a separate account for escrow before he or they can issue a check.