How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for losses or injuries. These lawsuits typically involve a person who is at the fault (defendant) and an injured party referred to as the plaintiff.
Your lawyer will go through all of your medical records, as well as other documents, to determine the full extent and cost of your injuries and damages. This will help them prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in an injury lawsuit, the courts award them funds to cover their losses. These funds may be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are expenses that can be itemized and quantifiable like medical expenses and lost wages. General damages are difficult to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment.
Keep a diary of the way your injuries have affected you you can help improve your chance of winning maximum compensation for non-economic damages. 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 particularly true when an individual or business commits gross negligence, fraud, and criminal motives. The court may also award punitive damages to deter others from acting in a similar manner.
After a lawsuit has been filed the defendants will be served with a summons and complaint. They are then required to respond or answer, within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case enters an investigation known as discovery. This is when both parties will share relevant information and evidence, as well as depositions under an oath. This is the majority of a personal injury 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 is important to talk to an attorney who specializes in personal injury to discuss your case early even if not sure if the incident happened within the deadline.
A statute of limitation is a law in a state that provides a time frame for filing an action. In the majority of states the statute of limitations runs at the time of the accident or incident which caused your injuries. The time limit for filing an injury lawsuit also depends on the party you are suing. If you want to sue an entity of municipal government (such as a county or city), the deadline is shorter.
There are other situations that may change the statute of limitation in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for instance, the statute of limitation may begin when you discover or reasonably should have known that your injuries are the result of negligence. In some cases minors are exempt from the statute of limitation.
If you file a claim for injury after the statute of limitations has expired, your defendant will likely inform the court of this and request that your case be dismissed. If this occurs, the court will summarily dismiss your claim without hearing. That's why it is important to speak with a seasoned personal injury lawyer early 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 demands the judicial remedy. The complaint should also define the kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a specified timeframe. 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.
Personal injury claims are typically founded on bodily injury. Physical injuries can be expensive, and your attorney will work to ensure you are compensated for any existing medical bills as well as any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as pain and suffering.
The court will schedule the preliminary conference after the complaint is filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will then prepare a Bill of Particulars. It will provide a full description of your injuries. It will include all your losses, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will also describe the possible emotional distress, disfigurement, loss of enjoyment of life and any other damages that you seek. If your case is determined to have probable cause you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable reason or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and complaint. The plaintiff file a complaint with the court and then sends the defendant a copy by certified or registered post within a specified time. The defendant has to respond or 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 specific detail. It may include photographs 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 your injuries.
During the middle part of a lawsuit referred to as "discovery," each party gets to ask questions and look over the evidence of the other party. The defendant's representatives will want to have all the facts before making settlement offers, therefore your attorney will play an important role in negotiations during this phase.
Your lawyer can also request that you are examined by a doctor they choose in connection with the damages or injuries you're seeking. If you fail to attend, the judge could dismiss your case or order that you pay the defendant for their examination costs.
After the discovery and inspection, attorneys from both sides can file a document called "Notice of Issue & 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 determine if the defendant is responsible for the accident and the injuries you suffered. If the defendant is responsible and the jury awards you damages. If the defendant isn't liable then the jury will deny your claim.
Trial
A personal injury case can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical, such as discomfort and pain, as well as loss of companionship.
In the early stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand what happened and the magnitude of your losses. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will keep you up to current on any negotiations and important developments throughout the process.
After negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file a formal complaint in the court against defendant. A complaint is the first official document in a civil lawsuit. hyperlink identifies the parties, describes the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. It typically takes a month. After service is completed and the defendant is required to "answer" the Complaint within a set time frame, which is typically 30 days.
The answer explains whether the defendant admits to the allegations made in the Complaint or denies them. At this point your lawyer will provide medical records, documents and other evidence to support your case. The lawyer for the defendant will provide a response to these documents and the two parties will then engage in further discussions.
If the parties cannot reach an agreement, mediation or arbitration could be required before a trial can take place. A significant portion of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies with liens on the monetary settlement out of a separate account for escrow before he or will issue you an official check.