How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these situations the defendant is usually the one responsible for the incident. The plaintiff is typically the injured party.
Your attorney will review your medical records along with other documents, to determine the totality and cost of your injuries and the damages. This will help them prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in a personal injury case, the court awards the plaintiff money to pay damages. These funds can be awarded in one lump sum or spread 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 expenses that can be categorized and quantifiable like medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment of living are more difficult to quantify.
Keep a diary of how your injuries have affected you can help improve your chance of winning maximum compensation for non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to complete things you used to take for granted.
In a lot of personal injury cases, multiple defendants are responsible. This is most common when a business or person commits fraud, criminal intent and gross negligence. The court may also give punitive damages to discourage others from committing the same manner.
Once a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to respond which is also known as an answer within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer has been filed, the case moves to an investigation known as discovery. Both parties will exchange information and evidence during this stage including depositions. This is the stage that accounts for the majority of the time in the timeline of a personal injury lawsuit.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to claim damages. It is crucial to speak with an attorney in personal injury whenever you can even if you're unsure sure whether the accident occurred within the time frame.
A statute of limitations is a state law which sets a deadline for filing an action. In most states the statute of limitations runs on the date of the accident or incident which caused your injuries. The deadline to file a lawsuit also depends on who you are seeking to sue. For example, if you want to sue a municipal government agency (such as a county or city) the deadline is shorter.
In addition, there are certain situations which could change the statute of limitations in your particular case. For instance, if were exposed to toxic substances or suffered medical malpractice The time limit may begin when you discover or should have realized that your injuries were the result of negligence. In certain instances, the statute of limitations may be tolled for minors.
If you submit a claim for injury after the statute of limitations has expired Your defendant is likely to inform the court about this and request that your case be dismissed. If this happens, the court will dismiss your claim on the spot without hearing. It is crucial to speak with an attorney who specializes in personal injury immediately to discuss your case to determine if you are eligible to file an official claim.
Complaint
A complaint is a formal legal document filed by a party who claims a cause of action and seeks the judicial remedy. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specific time frame. The defendant is usually able to deny the claim. If the defendant does not respond to the claim, a default judgement may be granted in favor of the petitioner.
Personal injury claims are usually founded on bodily injury. Your attorney will make sure that you get paid for your current medical bills as well as any future expenses. These include things like medication as well as home care and physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes things like being unable to walk, drive, or sleep normally. This kind of injury is called suffering and pain.
The court will call a preliminary conference when the complaint is filed. The court will schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will then draft a Bill of Particulars. It is a comprehensive account of your injuries. It will include your losses including future and present medical costs as well as lost wages and property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. If the case is deemed to have probable cause the case will be scheduled for public hearing. If the complaint is dismissed because of a determination 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 starts with a summons. You Tube files the complaint with an appropriate court and then sends a copy of the document to the defendant via registered or certified mail within a certain timeframe. The defendant has to respond, or they risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which details the injuries and damages you've suffered more fully. It may include photographs of your injuries, medical bills, and lost wages. It also includes details of the accident and how the defendant is accountable for your harm.
During the middle phase of a lawsuit, called "discovery", each party has the opportunity to ask questions and look over evidence held by the other party. Your attorney is crucial in this phase of negotiations as the representatives of the defendant want to have full information before making settlement offers.
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 do not show up, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs.
After discovery and inspection have been completed, attorneys on each side can file something called a "Notice of Issue and Statement of Readyness for Trial." This informs the court that your case is ready to go to trial. The judge will then determine the trial date. During the trial the jury will decide if the defendant is at fault for the accident and injuries. If the defendant is liable and the jury awards you damages. If the defendant isn't at fault then the jury will deny your claim.
Trial
Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) and physical injury from accidents, such as car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as the suffering of others and loss of companionship.
Your lawyer will conduct a thorough investigation on the accident during the early stages of the case to determine the precise cause and extent of your injuries. Then, he or she will work with the insurance company of the at-fault company. Your attorney will keep in touch with you on any significant developments and will also negotiate throughout the entire process.
If negotiations fail, your lawyer will file a formal complaint in court against the defendant. A Complaint, the first official document filed in a civil suit, lists all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be personally served and must be handed over physically to the defendant. This typically takes about one month. After service has been completed and the defendant is required to "answer" the Complaint within a specified time frame, which is typically 30 days.
The answer will reveal whether the defendant denies or admits the allegations in the Complaint. In this phase your lawyer will submit medical records, documents as well as other evidence to prove your case. The lawyer for the defendant will provide a response to these documents and the two parties will continue to negotiate.
If the parties are not able to reach a settlement, mediation or arbitration may be required before your case can go to trial. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any companies that have lien on your monetary award from a special account before distributing the check.