How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these cases the defendant is usually the one who is at fault. The plaintiff is usually the injured party.
Your lawyer will review your medical records and other documentation, in order 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 is successful in a personal injury case, the court awards them money to pay for damages. These funds can be awarded in lump sums or spread out over a time period or as part of a structured settlement. These funds are known as compensatory damages. There are two kinds: special and general. Special damages are the ones that can be quantified that can be listed, such as medical bills and lost earnings. General damages are more difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment of life.
Keep a diary of the way your injuries have affected you you can help improve your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anxiety, and how your injuries impact your ability to take part in activities you once took for taken for granted.
In many personal injury cases, more than one defendants are responsible. This is particularly true when a business or an individual commits the most blatant negligence, fraud and criminal motives. The court may also award punitive damage to deter other people from doing the same thing.
After a lawsuit has been filed and the defendants are served with a summons and complaint. The defendants are required to respond (also known as an answering) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed, the case is moved to the phase of fact-finding, also known as discovery. This is when both parties will share relevant information and evidence, including taking depositions under the oath. This phase takes up the majority of a personal injury timeline.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is possible that you'll lose the right to damages. It is crucial to speak with an attorney for personal injuries whenever you can even if you're not certain if the incident occurred before the deadline.
A statute of limitations is a state law which sets a time frame on the time you must bring a lawsuit for injury. In many states the statute of limitations runs with the date of the incident or accident that led to your injuries. The deadline to file a personal injury lawsuit also varies depending on the individual you are suing. For example, if you want to sue a municipal government agency (such as a county or city) the deadline is significantly shorter.
Additionally, there are certain situations which could change the statute of limitations in your case. For example, if you were exposed to harmful substances or a victim of medical malpractice, the time limit may begin when you realize, or reasonably should have discovered, that your injuries were caused by negligence. In some cases minors are not subject to the statute of limitations.
If you file a personal injury claim after the time limit has expired the defendant will likely inform the court and request the case to be dismissed. In this scenario the court will dismiss your claim summarily without hearing. That's why it is important to speak with a seasoned personal injury lawyer early on to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is a formal legal document that is filed by a party who claims a cause of action and demands the judicial remedy. The complaint should also define the type of relief the plaintiff is seeking. The defendant is then obliged to respond within a specific time frame. In general, a defendant will deny the claim. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf.
Personal injury claims are usually founded on bodily injury. Physical injuries can be extremely expensive, and your lawyer will ensure that you are compensated for any existing medical bills as well as any future costs that are anticipated. These costs include medical expenses, home care, and physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes things like being unable to walk, drive, or sleep normally. This type of damages is referred to as pain and suffering.
The court will call an initial conference once the complaint is filed. The court will schedule any mandatory physical or oral examinations, and also the production of any documents. Following the conference your lawyer will draft the Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including future and present medical costs as well as lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in life and any other non-monetary damages that you seek. If the case is found to have probable cause, your case will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court is not in jurisdiction, you may appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and a complaint. The plaintiff files a complaint with the court and sends the defendant a copy by certified or registered post within a specific time. The defendant must respond or 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 more specific detail. This could include photos of your injuries, medical expenses and lost wages. The document also includes information about the accident and how you think the defendant is accountable for the injury.
During the middle part of a lawsuit referred to as "discovery," each party is allowed to ask questions and examine evidence that is held by the other party. Your lawyer will be crucial during this stage of negotiations since the representatives of the defendant want to have full information before making settlement offers.
Your lawyer may also request that you be examined by any doctor they choose regarding the injuries and damages you're claiming. If you fail to show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs.
After the discovery and inspection, attorneys from both sides can file a form called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is prepared for trial. The judge will then set an appointment date for the trial. During You Tube , the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is responsible, the jury will award you damages. If the defendant isn't liable, the jury will reject your claim.
Trial
Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries like suffering and pain, as well as loss of companionship.
Your lawyer will conduct a thorough investigation on your accident in the early stages of the case to determine the precise nature and severity of your injuries. Then, he will negotiate with the insurance company of the at-fault company. Your attorney will keep you informed and up to date on any negotiations and important developments throughout the process.
After negotiations have failed the lawyer will submit a formal complaint to court against the defendant. A Complaint, which is the first official document filed in a civil suit, identifies all parties, describes the incident and alleges wrongdoing. It also requests compensation. The complaint must be personally served and must be physically handed to the defendant. This usually takes around one month. After service has been completed and the defendant is required to "answer" the Complaint within a set date, which is usually 30 days.
The answer is whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. In this phase, your lawyer may submit medical records, documents and other evidence to support your case. The defendant's attorney will then respond to these documents and the two sides will begin further negotiations.
If the parties are not able to come to an agreement, mediation or arbitration may be required prior to your case can go to trial. However, a large percentage of personal injury cases settle out of court. When a settlement is reached, your lawyer must pay any companies with lien on the settlement through a specific account in escrow before he/ she will write you an official check.