How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these instances the defendant is typically the one who is who is at fault. The plaintiff is usually the party who is injured.
Your lawyer will review your medical records and other documents, to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in a personal injury claim the court will award the plaintiff money to pay damages. The money can be awarded as a lump sum or spread out over a time period in the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are expenses that can be categorized and quantifiable, such as medical expenses and lost wages. General damages are more difficult to quantify a dollar amount on, like pain and suffering and loss of enjoyment of life.
Keep a journal in which you can record how your injuries impacted you. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, pain levels throughout the day as well as mental anxiety and your ability to perform things you once took for granted.
In many personal injury cases, multiple defendants are responsible. This is most common when a business or person is guilty of criminal intent, fraud or gross negligence. The court may also award punitive damages to discourage others from engaging in the same manner.
When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants must provide a response (also called an answer) within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will exchange information and evidence during this phase and may even conduct depositions. This is the majority of the personal injury timeline.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. YouTube is important to consult a personal injury attorney whenever you can even if you're not certain whether the incident occurred within the time frame.
A statute of limitation is a law in a state that sets a deadline for filing lawsuits. In most states the statute of limitations starts at the time of the accident or incident which caused your injuries. The time frame for filing an injury lawsuit also depends on the party you are suing. For example, if you would like to sue a local government entity (such as a county or city), the deadline is shorter.
There are other situations that could alter the statute of limitations in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain cases, minors are exempt from the statute of limitation.
If you file a personal injury claim after the statute of limitations has expired the defendant will likely inform the court and ask for the case to be dismissed. In this scenario the court will decide to dismiss your claim in a hurry without a hearing. It is essential to contact an attorney for personal injuries as soon as you can to discuss your situation and determine if you are eligible to file an official claim.
Complaint
A complaint is a formal legal document filed by a person who claims a cause of action and seeks legal relief. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant must then respond within a specific time period. The defendant is usually able to decline to respond. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner.
In most cases, personal injury claims can result in bodily harm. Physical injuries can be extremely expensive, and your attorney will ensure that you are compensated for any existing medical bills as well as any anticipated future expenses. These costs include medical expenses as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes things like the inability to walk, drive, or sleep normally. This type of damage is called pain and suffering.
The court will schedule the preliminary conference after a complaint has been filed. The court will schedule any mandatory oral or physical examinations and also the production of any documents. Following the conference, your lawyer will prepare the Bill of Particulars. This is a thorough description of your injuries. This will include your losses including your current and future medical costs, lost wages and property damage. Your lawyer will also outline the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you're seeking. If the case is determined to be probable cause your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision.
Summons
The formal lawsuit process begins with a summons as well as a complaint. The plaintiff file a complaint with the court and sends the defendant a copy by registered or certified mail within a specific time. The defendant has to respond, or they risk a default judgement against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which details the injuries and damages you've sustained more fully. It could include photographs of your injuries, medical bills and lost wages. It also contains details about the incident and the manner in which the defendant is responsible for your injuries.
In the middle of a lawsuit called "discovery," each party gets to ask questions and examine evidence held by the other party. Your attorney is crucial during this stage of negotiations as the representatives of the defendant want to have full information before making settlement offers.
Your lawyer can also request that you are examined by a doctor they select for the injuries or damages you're claiming. If you don't attend, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs.
After discovery and inspection, attorneys on both sides can file a form 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 set the date for a trial. During the trial, the jury will decide if the defendant was accountable for the accident and the injuries you suffered. If the defendant is at fault and the jury awards you damages. If the defendant isn't at fault, the jury will reject your claim.
Trial
Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over physical injuries, such as the suffering of others and loss of companionship.
In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your damages. He or she will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will keep you up-to the minute on any negotiations or significant developments during this process.
If negotiations are unsuccessful the lawyer will file an official complaint in court against defendant. A Complaint is the initial official document in a civil lawsuit that names the parties, explains the incident, claims that there was wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. It usually takes about a month. After service is completed, the defendant must "answer" the Complaint within a set time, which is usually 30 days.
The answer will tell you if the defendant denies or admits the allegations contained in the Complaint. In this stage, your lawyer can submit medical records, documents as well as other evidence in support of your case. The attorney representing the defendant will then reply to these documents and then the two sides will begin discussions.
If the parties can't reach an agreement, mediation or arbitration could be required prior to trial can begin. However, a significant percentage of personal injury cases settle out 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 in escrow before he/ will issue you a check.