How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. These cases often involve a party who is 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 extent of your injuries, the costs and damages. This will help them prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins in a personal injury lawsuit the judge gives the plaintiff money to pay damages. These funds can be awarded in an amount in one lump sum or spread out over a time period, as part if an agreed settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those which can be listed and quantifiable, such as medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment are more difficult to quantify.
Keep a journal in which you can record how your injuries impacted you. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to perform activities you used to take for granted.
In many personal injury lawsuits there are multiple defendants. This is especially common when an individual or business commits the most blatant negligence, fraud and criminal intent. The court can also give punitive damages to discourage others from committing the same way.
The defendants will receive a summons with a complaint after a lawsuit is filed. They are then required to respond or answer, within 30 days. Typically, defendants deny the allegations made in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is where both parties will exchange relevant information and evidence, including depositions under the oath. This is where you will find the majority of the time in a personal injury lawsuit timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to claim damages. That's why it's crucial to consult a personal injury lawyer about your case early even if you're not sure if the incident occurred within the timeframe.
A statute of limitations is a state law which provides a time frame for filing lawsuits. In many states the statute of limitations begins on the date of the accident or incident that caused your injuries. The time limit to file a lawsuit also depends on who you are seeking to sue. For instance, if you want to sue a municipal government agency (such as a city or county), the deadline is much shorter.
In addition, there are certain situations that could alter the statute of limitations in your situation. For instance, if were exposed to harmful substances or a victim of medical malpractice The statute of limitations could begin when you realize, or reasonably should have realized, that your injuries were caused by negligence. In some cases, the statute of limitations can be extended for minors.
If you file an injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and request the dismissal of your lawsuit. In this case the court will decide to dismiss your claim without hearing. This is why it's important to talk with an experienced personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is an official legal document that is filed by a party that claims a cause of action and seeks judicial relief. The complaint must also specify the type of relief the plaintiff is seeking. The defendant must then respond within a certain time frame. The defendant is usually able to decline to respond. If the defendant fails to respond, default judgment can be entered in the petitioner's favor.
Personal injury claims are usually founded on bodily injury. Your attorney will make sure that you get paid for medical bills currently incurred as well as any future expenses. This includes things like medications, home care and physical therapy. You can also claim for any loss in your quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is called pain and suffering.
The court will schedule a preliminary conference when the complaint is filed to schedule any mandatory oral or physical examinations as well as the production of any documents. Following the conference your lawyer will draft an Bill of Particulars. This is a detailed description of your injuries. It will include all your losses including the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you seek. If the case is found to be a probable cause the case will be scheduled for public 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 can appeal the decision.
Summons
The formal lawsuit starts with a summons. The plaintiff submits the complaint to a court and sends a copy of the document to the defendant by registered or certified mail within a certain timeframe. The defendant must respond, or else risk a default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in greater specific detail. It may include photographs of your injuries, medical bills, and lost wages. The document also contains details regarding the accident and why you think the defendant is accountable for the harm.
During the middle part of a lawsuit called "discovery," each party has the opportunity to ask questions and inspect the evidence of the other party. Your attorney will be important in this stage of negotiations as the defendant's representatives want full information before making settlement offers.
Your lawyer can also request that you be examined by the doctor of their choice regarding the damages and injuries you're claiming. If you don't attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs.
After discovery and inspection have been completed, attorneys on both sides may file a document known as a "Notice of Issue and Statement of Readiness for Trial." This informs the court that your case is now ready to go to trial. The judge will then set the date for the trial. During Lawrence injury lawsuit , a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is responsible and the jury awards you damages. If the defendant isn't accountable and the jury denies your claim.
Trial
Personal injury claims can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander), and physical harm from accidents like car crashes and falls. In addition, lawsuits may also be filed over non-physical injuries like the suffering of others and loss of companionship.
Your lawyer will conduct an investigation regarding your accident in the early stages of the investigation to determine the exact nature and severity of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will keep in contact with you regarding any significant developments and discussions throughout the entire process.
Once negotiations have failed and your lawyer has to file a formal complaint in the court against the defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. It typically takes approximately a month. After service, the defendant has 30 days to "answer" the Complaint.
The answer will reveal whether the defendant denies or acknowledges the allegations contained in the Complaint. During this stage, your lawyer may provide medical records, documents as well as other evidence to prove your argument. The lawyer representing the defendant will submit an answer to these documents, and the two sides will engage in further negotiations.
If the parties cannot come to an agreement, mediation or arbitration could be required before the trial can be held. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any businesses with liens on your monetary award from a specific money escrow before distributing an actual check.