How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over the compensation for losses or injuries. In these cases the defendant is typically the one who is at fault. The plaintiff is usually the injured party.
Your attorney will review all medical records, as well as other documents, to determine the totality and cost of your injuries and the 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 claim the judge awards them money to pay for damages. The money can be awarded in a lump sum or spread out over a time period, as part if a structured settlement. These funds are known as compensatory damages. There are two kinds: general and special. Special damages are measurable costs that can be listed for medical expenses and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment are more difficult to quantify.
Keep a journal in which you can record how your injuries impacted you. This increases your chances of receiving maximum compensation for the non-economic damages. This includes the effect on your relationships, pain levels throughout the day as well as mental anxiety and your ability to do activities you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is most common when a person or business is guilty of gross negligence, fraud, and criminal intent. The court may also award punitive damage to discourage others from doing the same thing.
The defendants will receive a summons with a complaint after a lawsuit has been filed. They must respond, also known as an answer, within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. This is when both parties will exchange relevant information and evidence, including depositions under an oath. This is the majority of the personal injury timeline.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires, you will likely lose the right to collect damages. It is crucial to speak with a personal injury attorney as soon as possible even if you're unsure certain if the incident occurred before the timeframe.
A statute of limitations is a law in a state which sets a time frame on the time you have to make an injury lawsuit. In the majority of states the statute of limitations starts on the date of the accident or incident which caused your injuries. The deadline for filing an injury lawsuit is dependent on the person you are seeking to sue. If you want to sue an entity of municipal government (such as the city or county), the deadline will be much shorter.
There are certain circumstances that could alter the time limit in your particular case. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations can begin when you discover or ought to have known that your injuries are due to negligence. In some cases the statute of limitations can be tolled for minors.
If you file a personal injury claim after the time limit has expired the defendant will most likely point this out to the court and ask for the dismissal of your lawsuit. In this case the court will dismiss your claim summarily 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 can make an official claim.
Complaint
A complaint is a formal legal document filed by a person who asserts a cause of action and demands judicial relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a specified time frame. In general the case, a defendant will deny the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf.
Personal injury claims are generally caused by bodily injury. Your attorney will ensure that you get paid for medical bills currently incurred and any future expenses. These include things like medication as well as home care and physical therapy. You may also be able to claim any loss in your quality of life that is resulted from your injury. Bend injury attorneys includes the inability to sleep, drive or walk normally. This type of damages is referred to as suffering and pain.
When a complaint is filed and the court is notified, they will hold a preliminary conference to schedule mandatory physical and oral examinations, as well as any document production. Following the conference your lawyer will draft a Bill of Particulars. This is a thorough report of your injuries. It will include your losses including your future and current medical expenses, lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment and any other damages that are not monetary that you are seeking. If the case is found 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 does not have jurisdiction, you are able to appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff files a complaint with the court and sends the defendant a copy of the complaint via registered or certified mail within a specific time. The defendant must respond, or else risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. It may include photographs of your injuries, medical bills, and lost wages. It may also include details of the accident and what the defendant is responsible for your harm.
In the middle of a lawsuit, called "discovery" the parties is able to ask questions and look over evidence presented by the opposing party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, and your attorney plays a significant role in negotiations during this stage.
Your lawyer can also ask to see you by a doctor they select in connection with the damages or injuries you're seeking. 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.
Once discovery and inspection are completed, the lawyers on both sides can file something called an "Notice of Issue and Statement of Readyness for Trial." This informs the court that your case is prepared to go to trial. The judge will then set an appointment date for the trial. During the trial the jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is responsible the jury could award you damages. If the defendant is not accountable and the jury decides to deny your claim.
Trial
Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. A lawsuit can also be filed for non-physical injuries like pain and discomfort and loss of companionship.
In the initial stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what happened and the magnitude of your damages. Then, he or she will negotiate with the insurance company of the at-fault company. Your attorney will keep you up to current on any negotiations and significant developments throughout this process.
If negotiations are unsuccessful, your lawyer will file a formal complaint in a court against the defendant. A Complaint is the initial official document in a civil suit that names the parties, explains the incident, alleges wrongdoing, and requests compensation. The complaint must be personally served and must be handed over physically to the defendant. It usually takes about a month. After service is completed the defendant has to "answer" the Complaint within a specific time frame, which is typically 30 days.
The answer is whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. During this stage your lawyer will submit medical records, documents and other evidence to back your case. The defendant's lawyer will submit a response to these documents, and the two sides will continue to negotiate.
If the parties are unable to reach an agreement and mediation or arbitration might be required before your case can go to trial. A significant number of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any companies that have lien on the money settlement through a specific account for escrow before he or she will write you a check.