How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. The cases typically involve a party who is at fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will examine your medical records and other documents to understand the full extent of your injuries, expenses and damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in a personal injury lawsuit the court awards them money to pay for damages. The money can be awarded as lump sums or spread over a time period in a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: 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 quantify a dollar amount on, such as suffering and suffering, as well as loss of enjoyment.
Keeping a journal detailing how your injuries have affected you can help improve the odds of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental anxiety and how your injuries affect your ability to participate in activities that you used to take for granted.
In many personal injury lawsuits there are multiple defendants. This is most common when a person or business is guilty of gross negligence, fraud, and criminal intent. The court may also make punitive damages in order to discourage others from acting in a similar way.
When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants must provide a response (also known as an answering) 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. Both parties will exchange information and evidence in this stage and may even conduct depositions. This is the stage that accounts for the majority of the time in the timeline of personal injury lawsuits.
Statute of limitations
If you file an injury lawsuit after the statute of limitations runs out the statute of limitations will expire and you'll 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 time frame.
A statute of limitations is a law in a state which sets a time frame on how long you must make an injury lawsuit. In the majority of states the statute of limitations begins the date on which the accident or incident led to your injuries. The deadline for filing a lawsuit for injury is dependent on the person 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 much shorter.
There are also certain situations which could change the statute of limitation in your case. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases, minors are exempt from the statute of limitations.
If you file a personal injury claim after the time limit has expired, the defendant will most likely inform the court and request the dismissal of your lawsuit. In this case the court will dismiss your claim without hearing. It is important to consult a personal injury lawyer immediately to discuss your case to determine if you can make a legal claim.
Complaint
A complaint is a formal legal document filed by a plaintiff which declares a cause of action, and a demand for legal relief. The complaint must also specify the type of relief the plaintiff is seeking. The defendant is then required to respond within a set time period. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor.
Personal injury claims are usually caused by bodily injury. Physical injuries can be expensive, and your attorney will work to ensure that you are compensated for any existing medical bills and any anticipated future expenses. These costs include medical expenses or home care as well as physical therapy. You may also be able to claim any loss in quality of life caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as pain and suffering.
The court will call an initial conference once the complaint has been filed to schedule any mandatory oral or physical examinations and also the production of any documents. Your lawyer will prepare the Bill of Particulars. This is a detailed description of your injuries. This will include the losses you have suffered including future and present medical expenses as well as lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in your life, as well as any other damages not monetary you seek. If the case is found to have probable cause the case will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court lacks authority, you can appeal the decision.
Summons
The formal lawsuit process begins with a summons and a complaint. The plaintiff submits a complaint to 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 injury attorney will prepare an Bill of Particulars, which describes the injuries and damages you've suffered more fully. It could include photos of your injuries, medical bills and lost wages. The document also includes information about the incident and how you think the defendant is accountable for the damage.
In the middle of a lawsuit, called "discovery", each party is given the chance to ask questions and look over evidence provided by the opposing party. Your attorney is crucial in this phase of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers.
Your lawyer can also ask that you be examined by any doctor they choose in regard to the injuries and damages you're claiming. If you fail to attend, the judge may dismiss your case, or demand that you pay the defendant the costs of their examination.
Once discovery and inspection are completed, lawyers on each side can file a document known as a "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 set the trial date. During the trial the jury will determine if the defendant is responsible for the accident and injuries. If the defendant is accountable and the jury awards you damages. If the defendant isn't accountable, the jury will reject your claim.
Trial
Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander), and physical harm from accidents like car crashes and falls. Additionally, Source can also be filed to address physical injuries, such as the suffering of others 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 injuries. He or she will then engage with the insurance company of the party at the fault. Your attorney will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process.
Once negotiations have failed, your lawyer will file a formal complaint in court against the defendant. A Complaint, which is the first official document of a civil suit, identifies all parties, outlines the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be personally served and must be handed over physically to the defendant. This typically takes about one month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will tell you if the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. In this phase, your lawyer may submit medical records, documents and other evidence to support your argument. The defendant's lawyer will submit a response to these documents, and the two sides will continue to negotiate.
If the parties are not able to reach an agreement, mediation or arbitration may be required before your case goes to trial. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have liens on your award from a special escrow fund before issuing you the check.