How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These lawsuits typically involve a person at fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will review your medical records and other documents, to determine the totality and cost of your injuries and damage. This will allow them to prepare and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in an injury lawsuit the courts award them funds to pay for their damages. These funds may be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are costs that can be itemized and quantifiable, such as medical expenses and lost wages. General damages are harder to place a dollar value on, like suffering and suffering, as well as loss of enjoyment of life.
Writing down how your injuries have affected the odds of obtaining the most money for damages that are not economic. This includes the impact on your relationships, daily pain levels and bouts of mental anxiety and how injuries affect your ability to take part in the activities you used to take for granted.
In a lot of personal injury cases, more than one defendants are responsible. This is especially true when a person or business is guilty of fraud, criminal intent and gross negligence. The court may also award punitive damages to deter others from committing the same manner.
After a lawsuit has been filed and the defendants are served with a summons and complaint. They must respond or answer within 30 days. Typically, the defendants will deny the allegations in the complaint. After the answer is filed, the case enters an investigation known as discovery. The parties will share information and evidence in this stage including depositions. This is the majority of the timeline for personal injuries.
Statute of limitations
If you make a claim for injury after the statute of limitations expires, it's likely that you will lose the right to damages. It is important to consult a personal injury attorney as soon as possible even if you're not certain whether the incident occurred before the timeframe.
A statute of limitations is a law of the state that establishes a deadline for filing a lawsuit. In the majority of states the statute of limitations starts on the date of the accident or incident that led to your injuries. The deadline for filing a lawsuit for injury is dependent on the person you are suing. For instance, if you would like to sue a local government entity (such as a city or county), the deadline is shorter.
There are certain circumstances which could change the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for example, the statute of limitation can begin when you discover or ought to have known that your injuries are due to negligence. In some cases minors are exempt from the statute of limitation.
If you submit an injury claim after the statute of limitations has expired Your defendant is likely to inform the court about this and ask to dismiss your claim. In this case the court will decide to dismiss your claim in a hurry without hearing. This is why it's important to speak with a seasoned personal injury lawyer early to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is an official legal document filed by a party who claims a cause of action and seeks judicial relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a certain timeframe. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment may be made in favor of the petitioner.
Personal injury claims are generally caused by bodily injury. Physical injuries can be extremely costly, and your attorney will ensure that you receive compensation for any current medical bills as well as any future expenses you anticipate. This includes things like medications as well as home care and physical therapy. You can also claim for any loss in quality of life that is caused by your injury. This includes things like the inability to walk, sleep or drive normally. This type of damages is known as suffering and pain.
The court will set up a preliminary conference when the complaint has been filed to schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then draft the Bill of Particulars. This is a detailed report of your injuries. It will include all of your losses, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in life as well as any other non-monetary damages that you are seeking. If the case is deemed to have probable cause the case will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision that there is no probable cause or because the court doesn't have jurisdiction, you may appeal the decision.
Summons
The formal lawsuit begins with the issue of 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 time frame. The defendant has to respond or risk a default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which details the injuries and damages you've suffered more fully. This could include photos of your injuries, medical bills and lost wages. The document also includes information regarding the accident and why you think the defendant is accountable for the damage.
During the middle part of a lawsuit called "discovery," each party gets to ask questions and inspect evidence that is held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, so your attorney will play an important role in negotiations during this phase.
Your lawyer can also ask to see you by a physician they select in connection with the damages or injuries you're claiming. If you do not take part, the judge may dismiss your case or order that you pay the defendant for their examination costs.
Once injury accident lawyers and inspection are completed, lawyers on both sides may submit a document referred to as an "Notice of Issue" and a "Statement of Readiness for Trial." This informs the court that your case is ready to go to trial. The judge will then decide on the trial. During the trial the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is responsible and the jury awards you damages. If the defendant isn't responsible, the jury will deny your claim.
Trial
Personal injury claims can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries caused by accidents such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical, such as discomfort and pain, as well as loss of companionship.
Your lawyer will conduct a thorough investigation on your accident in the early stages of the investigation to determine the exact cause and extent of your injuries. Then, he or she will negotiate with the insurance company. Your lawyer will keep you up-to the minute on any negotiations or significant developments during this process.
Once negotiations have failed the lawyer will file a formal complaint in the 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 demands compensation. The complaint must be personally served which means it must be physically handed to the defendant. This usually takes around one month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will tell you if the defendant denies or admits the allegations made in the Complaint. In this phase, your lawyer may provide medical records, documents and other evidence to back your case. The attorney representing the defendant will then reply to these documents and the two sides will start negotiations.
If the parties are not able to reach an agreement and mediation or arbitration might be required before your case goes to trial. However, a significant percentage of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any businesses that have lien on the money award out of a special escrow account before he or will issue you an official check.