How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over the compensation for losses or injuries. The cases typically involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff.
Your attorney will review your medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in a personal injury claim the court will award the plaintiff money to pay damages. These funds can be awarded as an amount in one lump sum or spread over a period of time in the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized like medical bills and lost earnings. General damages, such as 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 affected your life. This increases your chances of receiving the most compensation for noneconomic damages. These include the effects on your relationships, daily pain levels and bouts of mental stress, and how your injuries impact your ability to engage in the activities you used to take for taken for granted.
In many personal injury lawsuits there are many defendants. This is most common when a person or business commits the most blatant negligence, fraud and criminal intent. The court may also award punitive damage to deter other people from doing the same thing.
The defendants will receive a summons with a complaint once the lawsuit has been filed. They are then required to file a response which is also known as an answer, within 30 days. Typically, defendants deny the allegations in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. This is where both parties will share relevant information and evidence, including depositions under an oath. This phase takes up the majority of a personal injury timeline.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations has expired, you will likely lose the right to collect damages. It is essential to speak with a personal injury attorney as soon as possible even if you're not sure whether the accident occurred before the timeframe.
A statute of limitations is a law of the state which sets a time frame on how long you must bring a lawsuit for injury. In many states the statute of limitations begins with the date of the accident or incident that caused your injuries. The deadline for filing a lawsuit for personal injury is dependent on the individual you are suing. For instance, if you are seeking to sue a municipal government entity (such as a city or county), the deadline is much shorter.
There are also certain situations that could alter the time limit in your particular case. For instance, if were exposed to toxic substances or suffered medical malpractice the statute of limitations may start when you discover or should have realized, that your injuries were caused by negligence. In some cases the statute of limitations can be extended for minors.
If you submit a claim for injury after the statute of limitations has expired the defendant will likely inform the court of this and ask to dismiss your claim. In this instance the court will decide to dismiss your claim without hearing. This is why it's crucial to consult 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 that is filed by a party who asserts a cause of action and seeks the judicial remedy. The complaint should also state the type of relief the plaintiff is seeking. The defendant must then respond within a specific time frame. The defendant is usually able to deny the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner.
In the majority of cases, personal injury claims can result in bodily harm. Your attorney will ensure that you receive compensation for medical bills currently incurred and any future costs. These costs include medical expenses as well as home care and physical therapy. You can also claim for any loss in quality of life caused by your injury. This includes the inability to sleep, drive or walk normally. This type of damage is called pain and suffering.
If a complaint is filed when a complaint is filed, the court will convene a preliminary conference to plan the mandatory oral and physical examinations as well as any document production. Your lawyer will prepare a Bill of Particulars. This is a detailed description of your injuries. Parma injury lawsuits will include all your losses including the cost of your current and future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in your life and any other damages that are not monetary that you're seeking. If your case is determined to be probable cause you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable reason or because the court is not in authority, you can appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant by certified or registered mail within a specified timeframe. The defendant must respond or risk default judgment 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 more depth. This may include photos of your injuries, medical expenses and lost wages. The document will also contain information about the incident and how you believe the defendant is responsible for the harm.
In the middle of a lawsuit, also known as "discovery" in which each party is given the chance to ask questions and examine evidence presented by the other party. The defendant's representatives will need to have complete information before making settlement offers, therefore your attorney plays a significant role in negotiations during this phase.
Your lawyer can also ask to have you examined by a doctor they select in relation to the injuries or damages you're seeking. If you don't attend, the court could dismiss your case. Or order that you pay for the defendant's exam costs.
After the discovery and inspection, attorneys on both sides may file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is ready to go to trial. The judge will then decide the trial date. During the trial the jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is responsible, the jury will award you damages. If the defendant isn't accountable, the jury will reject your claim.
Trial
Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander), and physical harm caused by accidents such as car crashes and falls. A lawsuit could also be filed for injuries that are not physical, such as discomfort and pain and loss of companionship.
In the beginning of your case, your lawyer will research your accident in order to fully comprehend what occurred and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party at the fault. Your attorney will keep you informed and up to current on any negotiations and important developments throughout the process.
If negotiations are unsuccessful the lawyer will file a formal complaint in a court against the defendant. A Complaint is the initial official document in a civil lawsuit that names the parties, explains the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. This typically takes about a month. Once service is complete, the defendant must "answer" the Complaint within a specified time, which is usually 30 days.
The answer will tell you if the defendant denies or acknowledges the allegations made in the Complaint. During this stage your lawyer could provide medical records, documents and other evidence to back your case. The defendant's attorney will then reply to these documents, and then the two sides will start discussions.
If the parties are unable to reach an agreement, then mediation or arbitration may be required before a trial can take place. A significant portion of personal injury cases are settled out of court. When a settlement is reached, your lawyer has to pay any companies that have lien on the money settlement through a specific account in escrow before he/ will issue you an official check.