How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These lawsuits typically involve a party who is at the fault (defendant) and an injured party referred to as the plaintiff.
Your lawyer will review your medical records along with other documents, to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in a personal injury lawsuit, the courts award them funds to pay for their damages. The funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: general and special. Special damages are those that can be quantified that can be itemized like medical bills and lost earnings. General damages are difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment of life.
Keep a diary to record the way your injuries affected you. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to do activities you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is most common when a business or an individual commits the most blatant negligence, fraud and criminal intent. The court can also give punitive damages to discourage others from acting in the same way.
Once a lawsuit is filed, the defendants will receive a summons and complaint. They must respond which is also known as an answer, within 30 days. Usually, defendants will deny the allegations made in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. Both parties will exchange information and evidence during this stage, including taking depositions. This stage takes up the majority of the timeline for personal injuries.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is possible that you will lose the right to damages. It is crucial to speak with an attorney for personal injuries as soon as you can even if you're not certain whether the incident occurred within the timeframe.
A statute of limitation is a law of the state that provides a time frame for filing an action. In most states, a statute of limitations starts on the date of the incident or incident caused your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the person you're seeking to sue. For instance, if want to sue a municipal government entity (such as a county or city), the deadline is much shorter.
There are certain circumstances that could alter the time limit in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or ought to have known that your injuries are the result of negligence. In certain cases minors are exempt from the statute of limitation.
If you file a personal injury claim after the time limit has expired, the defendant will most likely inform the court and ask for the dismissal of your lawsuit. If this occurs, the court could dismiss your claim on the spot without hearing. That's why it is important to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a formal legal document that is filed by a person who claims a cause of action and demands legal relief. The complaint should also define the type of compensation that the plaintiff seeks. The defendant is then obliged 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 typically caused by bodily injury. Physical injuries can be very costly, and your attorney will ensure that you receive compensation for any current medical bills, as well as any future costs that are anticipated. These costs include medical expenses, home care, and physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes things like the inability to walk, sleep or drive normally. This kind of injury is known as suffering and pain.
The court will schedule the preliminary conference after a complaint has been filed. The court will schedule any mandatory physical or oral examinations, as well as the production of any documents. Your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. This will include your losses including your current and future medical costs, lost wages and property damage. Your lawyer will also outline the grievous emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court is not in jurisdiction, you can appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via certified or registered post within a specific time. 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 injuries and damages suffered by you in greater specific detail. It may include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is responsible for the harm you suffered.
In the middle of a lawsuit called "discovery," each party gets to ask questions and examine the evidence of the other party. The representatives of the defendant will want to have complete information before making settlement offers, and your attorney will play an important role in negotiations during this time.
Your lawyer can also request to have you examined by a doctor they select in relation to the damages or injuries you're claiming. If you fail to take part, the judge may dismiss your case, or demand that you pay the defendant the cost of their examination.
After discovery and inspection have been completed, the lawyers on both sides can file something called the "Notice of Issue and Statement of Readiness for Trial." This informs the court that your 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 your injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not responsible and the jury denies your claim.
Trial
Personal injury lawsuits can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) and physical injury from accidents like car crashes and falls. In addition, lawsuits can also be filed for physical injuries, such as pain and suffering and loss of companionship.
In the early stages of your case, your lawyer will research the accident to determine what occurred and the extent of your injuries. The lawyer will then engage with the insurance company of the party at the fault. New York injury attorney will keep you up-to date on any negotiations and significant developments during this process.
If negotiations fail, your lawyer will submit a formal complaint to court against the defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. This usually takes around one month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer explains whether the defendant acknowledges the allegations made in the Complaint or denies them. During this time your lawyer may submit documents, medical records, and other evidence in support of your case. The lawyer for the defendant will provide a response to these documents, and the two sides will then engage in further discussions.
If the parties cannot reach an agreement, mediation or arbitration may be required prior to trial can begin. However, a substantial portion of personal injury cases settle outside of court. After a settlement has been reached, your lawyer has to pay any companies with lien on the settlement out of a separate escrow account before he or she will write you an official check.