How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. In these situations the defendant is usually the one responsible for the incident. The plaintiff is usually the victim.
Your attorney will review 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 prevails in an injury lawsuit, the courts award them money to cover their losses. The money can be awarded as a lump sum or spread out over a period of time, as part if an agreed settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are measurable costs that can be itemized, such as medical bills and lost earnings. General damages are difficult to quantify a dollar amount on, like pain and suffering and loss of enjoyment.
Keep a diary of how your injuries have affected your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental stress, and how injuries affect your ability to engage in activities you once took for taken for granted.
In many personal injury lawsuits there are many defendants. This is especially true when a person or business is guilty of fraud, criminal intent and gross negligence. The court may also award punitive damages to discourage others from engaging in the same manner.
The defendants will receive an order with an accusation once a lawsuit is filed. They will then be required to respond which is also known as an answer within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After the answer is filed, the case moves to an investigation known as discovery. The parties will share information and evidence during this phase including depositions. This is where you will find the majority of time in the timeline of personal injury lawsuits.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires, it is possible that you'll lose the right to damages. That's why it's crucial to speak with an attorney for personal injury about your case early on even if you're not sure if the incident happened within the deadline.
A statute of limitations is a law in a state that provides a time frame for filing lawsuits. In many states the statute of limitations begins on the date of the incident or accident which caused your injuries. The deadline to file a lawsuit for personal injuries is dependent on the person you are suing. For example, if you want to sue a municipal government agency (such as a city or county), the deadline is much shorter.
Additionally, there are certain situations that could alter the statute of limitations in your case. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation can begin when you discover or reasonably should have known that your injuries are due to negligence. In some cases, the statute of limitations may be tolled for minors.
If you submit an injury claim after the statute of limitations has expired, your defendant will likely inform the court of this and ask that your case be dismissed. If this happens, the court will summarily dismiss your claim without a hearing. That's why it is important to talk with an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is a formal legal document filed by a plaintiff that declares an actionable cause, and a demand for legal relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a certain time frame. The defendant is usually able to deny the claim. If the defendant does not respond, default judgment can be entered in the petitioner's favor.
Most personal injury claims can result in bodily harm. Physical injuries can be expensive, and your lawyer will work to ensure you are compensated for any existing medical bills as well as any anticipated future expenses. These expenses include medication as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is known as suffering and pain.
If a complaint is filed, the court will convene a preliminary conference to schedule the mandatory oral and physical examinations as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. This will include your losses including your future and current medical costs, lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in your life and any other damages that are not monetary that you are seeking. If the case is determined to have probable cause, your case 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 lawsuit process begins with a summons as well as a complaint. The plaintiff files a complaint with the court and sends the defendant a copy by registered or certified mail within a specific time. The defendant must respond, or else risk a default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries suffered by you in more specific detail. It could include photos of your injuries, medical bills, and lost wages. The document will also contain information regarding the accident and why you think the defendant is responsible for the harm.
In the middle of a lawsuit, also known as "discovery", each party is given the chance to ask questions and review evidence presented by the other party. Your attorney will be important in this stage of negotiations because the representatives of the defendants want complete information before they make settlement offers.
Alexandria injury lawyers may also request that you are examined by a doctor they choose in connection with the damages or injuries you're claiming. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs.
After discovery and inspection, attorneys on both sides can file a form 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 set a trial date. During the trial, a jury will determine if the defendant is at fault for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not accountable, the jury will reject your claim.
Trial
Personal injury claims can cover a broad range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm from accidents like car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries like the suffering of others and loss of companionship.
In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend what happened and the magnitude of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will keep in touch with you on any significant developments and discussions throughout the process.
If negotiations are unsuccessful the lawyer will file an official complaint in the court against defendant. A Complaint is the initial official document in a civil lawsuit. It names the parties, explains the incident, claims that there was wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. This usually takes approximately a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will tell you if the defendant is willing to admit the allegations in the Complaint or denies them. During this time, your lawyer can submit medical records, documents and other evidence to support of your case. The lawyer representing the defendant will then respond to these documents and then the two sides will start negotiations.
If the parties are unable to reach an agreement, then mediation or arbitration could be required before trial can begin. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any businesses that have liens on your award from a specific escrow fund before issuing you an actual check.