How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over the compensation for losses or injuries. These cases often involve a person who is at the fault (defendant) and an injured party known as the plaintiff.
Your lawyer will go through your medical records and other documents to understand the full extent of your injuries, the costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins in a personal injury claim, the judge gives them money to pay for damages. These funds can be awarded in lump sums or spread over a period of time in the settlement is structured. These funds are known as compensatory damages. There are two kinds: special and general. Special damages are expenses which can be listed and are measurable like medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment of life, are more difficult to quantify.
Keep a journal in which you can record how your injuries impacted your life. This increases your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to perform activities you used to take for granted.
In many personal injury lawsuits there are many defendants. This is most common when a person or business is guilty of criminal intent, fraud, and gross negligence. The court may also award punitive damages to discourage others from acting in the same way.
When a lawsuit is filed and the defendants are served with a summons and complaint. They must file a response, also known as an answer, within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed the case will move to a fact-finding stage known as discovery. The parties will share information and evidence during this phase including depositions. 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 limitation expires, it's likely that you will lose the right to damages. It is essential to speak with a personal injury attorney as soon as possible even if you're unsure sure whether the accident occurred before the time frame.
A statute of limitations is a law of the state that sets a time limit on the time you can make an injury lawsuit. In many states, the statute of limitations begins at the time of the accident or incident that led to your injuries. The deadline to file a lawsuit also depends on the party you are seeking to sue. For example, if you are seeking to sue a municipal government agency (such as a city or county), the deadline is significantly shorter.
There are other situations which could change the time limit in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations may begin when you discover or ought to have known that your injuries are due to negligence. In some cases the statute of limitations is tolled for minors.
If you file an injury claim after the time limit has expired, the defendant will most likely point this out to the court and ask for your lawsuit to be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. This is why it's important to speak with a seasoned 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 who alleges a cause for action and demands legal relief. The complaint should also define the kind of compensation the plaintiff seeks. The defendant is then required to respond within a specified time frame. A defendant will usually deny the claim. If the defendant does not respond, a default judgment may be granted in favor of the petitioner.
Personal injury claims are usually based on actual bodily harm. Your lawyer will ensure that you get paid for your current medical bills and any future costs. These expenses include medications as well as home care and physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes things like the inability to drive, sleep or walk normally. This kind of injury is referred to as suffering and pain.
The court will set up an initial conference once the complaint is filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Following the conference, your lawyer will prepare an Bill of Particulars. This is a thorough description of your injuries. It will include all your losses including the cost of your current and future medical bills, lost earnings, 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 are seeking. If the case is found to be probable cause, your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling 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 submits the complaint to a court and 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 specific detail. It could include photographs of your injuries, medical expenses and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for your injuries.
During the middle phase of a lawsuit, called "discovery", each party is given the chance to ask questions and examine evidence presented by the opposing party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, therefore your attorney plays a significant role in negotiations during this stage.
Your lawyer can also ask to see you by a physician they select in relation to the injuries or damages you're seeking. If you don't attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's examination costs.
After the discovery and inspection, attorneys from 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 for trial. The judge will then determine a trial date. During the trial, 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 is not accountable, the jury will deny your claim.
Trial
Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit could also be filed for injuries that are not physical, such as pain and discomfort and loss of companionship.
In the early stages of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your damages. Then, he or she will negotiate with the at-fault party's insurance company. Your lawyer will stay in touch with you about any significant developments and will also negotiate throughout the entire process.
After negotiations have failed, your lawyer will submit a formal complaint to the court against the defendant. A Complaint, which is the first official document of a civil suit, lists all parties, outlines the incident and alleges wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. This typically takes about one month. After Concord injury lawyer , the defendant is given 30 days to "answer" the Complaint.
The answer will tell you if the defendant denies or admits the allegations in the Complaint. During this phase your lawyer may provide medical records, documents and other evidence to support of your case. The defendant's attorney will then reply to these documents, and then the two sides will begin negotiations.
If the parties are not able to come to an agreement the mediation or arbitration process could be required prior to your case is put to trial. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any companies that have lien on your monetary award from a special money escrow before distributing the check.