How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these situations the defendant is usually the one who is at fault. The plaintiff is usually the injured party.
Your lawyer will go through your medical records and other documentation to assess the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company for you.
Damages
If a plaintiff prevails in a personal injury lawsuit, the court awards them money to pay for damages. The money can be awarded as lump sums or spread out over a period of time or as part of the settlement is structured. These funds are also known as compensatory damages. There are You Tube of compensatory damages: specific and general. Special damages are those that can be itemized and are measurable, such as medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of life are more difficult to quantify.
Keeping a journal detailing the way your injuries have affected you your chances of obtaining maximum compensation for non-economic damages. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to do things you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or person is guilty of criminal intent, fraud or gross negligence. The court can also award punitive damages to discourage others from acting in the same way.
The defendants are served with a summons along with a complaint once a lawsuit has been filed. The defendants are required to submit a response (also called an answer) within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer has been filed, the case enters a stage of fact-finding known as discovery. This is when the parties exchange pertinent information and evidence, including taking depositions under oath. This is the stage that accounts for the majority of time in the timeline of a personal injury lawsuit.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitations expires, it's likely that you will lose the right to damages. This is why it's important to consult a personal injury lawyer about your case early on even if you're not sure if the incident occurred before the deadline.
A statute of limitations is a law in a state which sets a time frame on how long you can bring a lawsuit for injury. In most states, the statute of limitations begins on the date of the incident or accident that led to your injuries. The deadline to file a lawsuit also depends on who you are suing. If you intend to sue an entity that is a part of the municipal government (such as a county or city), the deadline will be shorter.
There are also certain situations that could alter the time limit in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably ought to have realized that your injuries are the result of negligence. In certain instances, the statute of limitations may be tolled for minors.
If you file an injury claim after the time limit has expired the defendant will likely point this out to the court and request your lawsuit to be dismissed. In this scenario, the court will dismiss your claim in a hurry without a hearing. It is essential to contact a personal injury lawyer immediately to discuss your case and determine if you are eligible to file a 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 should also state the kind of compensation the plaintiff is seeking. The defendant must then respond within a specified timeframe. A defendant will usually reject the claim. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor.
Personal injury claims are generally founded on bodily injury. Physical injuries can be very costly, and your attorney will work to ensure you receive compensation for any current medical bills as well as any future costs that are anticipated. This includes things like medications, home care and physical therapy. You can also claim for any loss in quality of life resulted from your injury. This includes things like the inability to walk, drive, or sleep normally. This type of damage is referred to as pain and suffering.
When a complaint is made when a complaint is filed, the court will convene a preliminary conference to schedule mandatory physical and oral examinations, as well as any document production. Your lawyer will then draft the Bill of Particulars. It is a comprehensive description of your injuries. It will include all your losses including the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment, as well as any other damages that are not monetary that you seek. If your case is deemed 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 jurisdiction, you can appeal the decision.
Summons
The formal process of a lawsuit begins with a summons as well as a 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 certain timeframe. The defendant must respond, or they risk a default judgement against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in more depth. It could include photos of your injuries, medical bills, and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for the harm you suffered.
During the middle part of a lawsuit, also known as "discovery," each party gets to ask questions and look over evidence that is held by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, therefore your attorney will play an important role in negotiations during this stage.
Your lawyer can also request to see you by a doctor they select in relation to the injuries or damages you're seeking. If you don't show up, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs.
After the discovery and inspection, attorneys on both sides can 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 schedule the trial. During the trial the jury will decide if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is to blame the jury could award you damages. If the defendant isn't accountable and the jury denies your claim.
Trial
Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful deaths (libel or slander), and physical harm from accidents like car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries like pain and suffering and loss of companionship.
In the initial stages of your case, your lawyer will research the accident to determine what happened and the magnitude of your damages. The lawyer will then discuss the matter with the insurance company of the party who is at fault. Your lawyer will stay in touch with you about any significant developments and negotiations throughout the entire process.
If negotiations fail and your lawyer has to make a formal complaint to the court against the defendant. A complaint is the first official document in a civil lawsuit. It names the parties, explains the incident, argues for wrongdoing, and seeks compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. It usually takes about a month. Once service is complete the defendant has to "answer" the Complaint within a set time frame, which is typically 30 days.
The answer will explain whether the defendant denies or acknowledges the allegations contained in the Complaint. In this phase, your lawyer may submit medical records, documents and other evidence to support your case. The lawyer representing the defendant will then reply to these documents and the two sides will begin discussions.
If the parties are not able to reach an agreement, mediation or arbitration may be required prior to your case can go 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 settlement out of a separate account for escrow before he or they can issue an official check.