How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for losses or injuries. The cases typically involve a party who is at fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will examine your medical records and other documentation to assess the full extent of your injuries, costs and damages. This will assist them in preparing and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in a personal injury lawsuit the courts award them money to cover their losses. These funds can be awarded in an amount in one lump sum or spread over a time period or as part of a structured settlement. These funds are also known as compensatory damages. There are two types: special and general. Special damages are those that can be quantified that can be listed, such as medical bills and lost earnings. General damages are harder to place a dollar value on, like the suffering and pain, and the loss of enjoyment.
Keeping a journal detailing how your injuries have affected you can help improve your chance of winning the most money for damages that are not economic. These include the effects on your relationships, your daily pain levels, and episodes of mental stress, and how your injuries affect your ability to participate in activities that you used to take for granted.
In a majority of personal injury cases, multiple defendants are responsible. This is especially common when an individual or business commits reckless negligence, fraud, and criminal motives. The court may also award punitive damage to deter other people from acting in the same way.
When a lawsuit is filed, the defendants will receive a summons and complaint. They are then required to submit a response, also known as an answer within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed the case will move to a fact-finding stage known as discovery. This is where both parties will exchange relevant information and evidence, including taking depositions under an oath. This is where you will find the majority of the time in the timeline of personal injury lawsuits.
Statute of limitations
If you make a claim for injury after the statute of limitations expires, it is possible that you will lose the right to damages. It is essential to speak with a personal injury attorney whenever you can even if you're not sure whether the accident occurred within the deadline.
A statute of limitation is a law of the state that provides a time frame for filing lawsuits. In the majority of states the statute of limitations starts on the date of the incident or accident that led to your injuries. The time frame for filing an injury lawsuit is dependent on the person you are suing. If you want to sue an entity of municipal government (such as city or county), the deadline is shorter.
Additionally, there are certain situations that could alter the statute of limitations in your case. For example, if you were exposed to toxic substances or suffered medical negligence, the statute of limitations may start when you realize or ought to have realized, that your injuries were caused by negligence. In certain instances, minors are exempt from the statute of limitations.
If you file a personal injury claim after the time limit has expired the defendant will likely to inform the court and request the dismissal of your lawsuit. If this occurs, the court will summarily dismiss your claim without hearing. This is why it's important to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is an official legal document filed by a party that alleges a cause for action and seeks judicial relief. The complaint must also specify the type of relief the plaintiff is seeking. The defendant is then obliged to respond within a specified timeframe. A defendant will usually reject the claim. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf.
Personal injury claims are usually caused by bodily injury. Your attorney will ensure that you get paid for your current medical bills and any future costs. These include things like medication or home care, as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life resulting from your injuries. This includes things like the inability to drive, sleep or walk normally. This type of damage is referred to as pain and suffering.
The court will schedule a preliminary conference when a complaint has been filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. After the conference, your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. It will include your losses including your current and future medical costs, lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in your life as well as any other damages not monetary you're seeking. If the case is deemed to be probable cause, your 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 may appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff files a complaint with the court and then sends the defendant a copy by certified or registered post within a specific time. The defendant has to respond, or else risk a default judgement against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries sustained by you in greater detail. This may include photos of your injuries, medical expenses and lost wages. It may also include details of the accident and how the defendant is responsible for your harm.
In injury and accident lawyer of a lawsuit, also known as "discovery," each party gets to ask questions and inspect the evidence of the other party. Your lawyer will be crucial during this stage of negotiations because the representatives of the defendants want complete information before they make settlement offers.
Your lawyer can also ask to see you by a doctor they select for the damages or injuries you're claiming. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs.
After a discovery and inspection, attorneys on both sides may file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is ready for trial. The judge will then schedule a trial. During the trial the jury will decide if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is to blame the jury could award you damages. If the defendant isn't at fault, the jury will reject your claim.
Trial
A personal injury claim encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit may also be filed for physical injuries, such as discomfort and pain and loss of companionship.
Your lawyer will conduct research regarding your accident in the early stages of the case to determine the exact cause and the extent of your injuries. He or she will then engage with the insurance company of the party who is at fault. Your attorney will keep you up to current on any negotiations and significant developments throughout this process.
After negotiations have failed, your lawyer will file a formal complaint in court against the defendant. A complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, alleges wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. It usually takes about a month. After service, the defendant has 30 days to "answer" the Complaint.
The answer explains whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. During this phase your lawyer may provide medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will respond to these documents and the two sides will start negotiations.
If the parties are unable to reach a settlement the mediation or arbitration process could be required prior to your case goes to trial. A significant portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any companies that have lien on the money settlement out of a separate account in escrow before he/ will issue you an official check.