How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these cases, the defendant is usually the one who is at fault. The plaintiff is usually the party who is injured.
Your attorney will review your medical records and other documentation to assess the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you.
Damages
When a plaintiff wins in a personal injury case the judge awards the plaintiff money to pay damages. The funds may be awarded as a lump sum or spread out over a period of time or as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are measurable costs that can be listed for medical expenses and lost earnings. General damages are harder to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life.
Keep a diary to record how your injuries affected your life. This increases your chances of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to perform things you used to take for granted.
In many personal injury lawsuits there are many defendants. This is most common when a business or an individual is guilty of reckless negligence, fraud, and criminal intent. The court may also award punitive damages to deter other people from doing the same thing.
Once a lawsuit is filed the defendants will be served with a summons and complaint. The defendants are required to provide a response (also known as an answering) within 30 days. Usually, the defendants will deny the allegations made 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 during this stage, including taking 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 runs out the statute of limitations will expire and you'll likely lose the right to collect damages. It is important to consult a personal injury attorney as soon as possible even if you're unsure sure whether the accident occurred before the time frame.
A statute of limitations is a law of the state that sets a deadline for filing a lawsuit. In most states, the statute of limitations runs on the date of the accident or incident that caused your injuries. The deadline for filing an injury lawsuit is dependent on the person you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as the city or county), the deadline will be much shorter.
Additionally there are certain circumstances which could change the statute of limitations in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain cases, the statute of limitations may be extended for minors.
If you file a personal injury claim after the time limit has expired the defendant will likely to inform the court and request the dismissal of your lawsuit. In this scenario the court will dismiss your claim in a hurry without a hearing. This is why it's crucial 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 claims a cause of action and seeks the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant is then required to respond within a specified timeframe. In general, a defendant will 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 caused by bodily injury. Physical injuries can be expensive, and your attorney will work to ensure you receive compensation for any current medical bills as well as any future expenses you anticipate. These expenses include medication or home care as well as physical therapy. You can also claim any loss in quality of life caused by your injury. This includes things like being unable to drive, sleep or walk normally. This type of damages is referred to as suffering and pain.
When a complaint is filed, the court will hold a preliminary conference to set the date for the mandatory oral and physical examinations, as well as any document production. After the conference, your lawyer will prepare an Bill of Particulars. It is a comprehensive account of your injuries. It will include all of your losses which include the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other damages that are not monetary that you seek. If the case is deemed to be a probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision.
Summons
The formal lawsuit begins with the issue of a summons. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant through certified or registered mail within a specified time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which describes the damages and injuries you've suffered more fully. This may include photos of your injuries, medical expenses and lost wages. It also contains details about the accident and how the defendant is accountable for your injuries.
During the middle part of a lawsuit referred to as "discovery," each party has the opportunity to ask questions and look over evidence that is held by the other party. The defendant's representatives will need to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this phase.
Your lawyer may also request that you are examined by a doctor they select in connection with the damages or injuries you're claiming. If you don't take part, the judge may dismiss your case, or demand that you pay the defendant the costs of their examination.
After discovery and inspection, attorneys from both sides may file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is ready to go to trial. The judge will then schedule the trial. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant is not accountable and the jury denies your claim.
Trial
Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. High Point injury lawsuits could also be filed for physical injuries like discomfort and pain, as well as loss of companionship.
Your lawyer will conduct an investigation regarding your accident in the beginning stages of the case to determine the exact cause and the extent of your injuries. The lawyer will then discuss the matter with the insurance company of the party at fault. Your lawyer will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process.
If negotiations fail the lawyer will submit a formal complaint to court against the defendant. A Complaint, which is the first official document filed in civil lawsuits, names all parties, outlines the incident and alleges wrongdoing. It also requests compensation. The complaint must be served personally which means it must be delivered physically to the defendant. It usually takes about approximately a month. Once service is complete and the defendant is required to "answer" the Complaint within a set time frame, which is typically 30 days.
The answer explains whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. In this stage your lawyer may provide medical records, documents, and other evidence in support of your case. The attorney representing the defendant will respond to these documents, and then the two sides will begin discussions.
If the parties are unable to reach a settlement, mediation or arbitration may be required prior to your case can go to trial. However, a substantial portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer has to pay any companies with liens on the monetary settlement through a specific escrow account before he or will issue you a check.