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 fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will examine your medical records and other documents to assess the full extent of your injuries, expenses and damages. This will help them prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in a personal injury lawsuit, the court awards the plaintiff a sum of money to cover damages. The funds may be awarded in a lump sum or spread out over a period of time or as part of the settlement is structured. These funds are referred to as compensatory damages. There are two kinds: general and special. Special damages are costs that can be itemized and quantifiable, such as medical expenses and lost wages. General damages are more difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life.
Keep a diary of the way your injuries have affected you your chance of winning maximum compensation for non-economic damages. These include the effects on your relationships, daily pain levels, and episodes of mental stress, and how your injuries impact your ability to take part in the activities you used to take for taken for granted.
In many personal injury lawsuits there are multiple defendants. This is especially common when an individual or business commits gross negligence, fraud, and criminal motives. The court can also give punitive damages to discourage others from acting in the same manner.
The defendants receive a summons with a complaint once the lawsuit has been filed. They are then required to respond which is also known as an answer within 30 days. Typically, the defendants will deny the allegations in the complaint. After the answer is filed, the case is moved to an investigation known as discovery. The parties will share information and evidence in this stage and may even conduct depositions. This is the majority of the timeline for personal injuries.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to claim damages. That's why it's crucial to talk to a personal injury lawyer about your case early, even if you are not sure if the accident occurred before the deadline.
A statute of limitations is a state law which provides a time frame for filing an action. In most states, the statute of limitations begins at the time of the accident or incident which caused your injuries. The time limit to file a lawsuit also depends on the party you are seeking to sue. For instance, if you want to sue a municipal government entity (such as a county or city), the deadline is shorter.
There are other situations that could alter the statute of limitations in your case. If you were exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations could begin when you realize or reasonably ought to have realized that your injuries are the result of negligence. In certain cases, the statute of limitations can be extended for minors.
If you file an injury claim after the time limit has expired the defendant will likely point this out to the court and request the case to be dismissed. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. That's why it is important to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is an official legal document filed by a person who asserts a cause of action and demands the judicial remedy. The complaint must also specify the type of compensation that the plaintiff seeks. The defendant is then required to respond within a specific time frame. In general, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner.
In most cases, personal injury claims can result in bodily harm. Physical injuries can be very expensive, and your lawyer will ensure that you are compensated for any existing medical bills as well as any anticipated future expenses. This includes things like medications, home care and physical therapy. You can also claim any loss in quality of life that is resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is known as pain and suffering.
When a complaint is filed and the court is notified, they 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 draft a Bill of Particulars. This is a detailed description of your injuries. This will include your losses including your future and current medical expenses, lost wages and property damage. Lawton will outline any emotional distress, disfigurement, or loss of enjoyment as well as any other damages not monetary you are seeking. If your case is determined to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a decision 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 files a complaint with the court and then sends the defendant a copy of the complaint via registered or certified mail within a specific time. The defendant has to respond or risk a default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which sets out the injuries and damages you've suffered in greater 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 harm.
In the middle of a lawsuit, also known as "discovery," each party is allowed to ask questions and look over the evidence of the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney will play a crucial role in negotiations during this stage.
Your lawyer may also request to see you by a physician they select for the damages or injuries you're claiming. If you do not attend, the court could dismiss your case. Or order that you pay for the doctor's examination costs.
After the discovery and inspection process is completed, attorneys on both sides may file a document known as an "Notice of Issue" and a "Statement of Readiness for Trial." This informs the court that your case is now ready to go to trial. The judge will then determine a trial date. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is liable for the accident, the jury will award you damages. If the defendant isn't responsible, the jury will deny your claim.
Trial
Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful deaths (libel or slander), and physical harm from accidents, such as car crashes and falls. Additionally, lawsuits can also be filed to address physical injuries, such as the suffering of others and loss of companionship.
In the beginning of your case, your lawyer will research your accident to fully understand what occurred and the extent of your injuries. Then, he will negotiate with the insurance company of the at-fault company. Your attorney will keep in touch with you about any significant developments and will also negotiate throughout the entire process.
After negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, claims that there was wrongdoing, and requests compensation. The complaint must be personally served and must be handed over physically to the defendant. This usually takes around one month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will reveal whether the defendant denies or admits the allegations contained in the Complaint. During this time, your lawyer can submit documents, medical records and other evidence to support of your case. The attorney representing the defendant will then reply to these documents and then the two sides will begin further negotiations.
If the parties are unable to reach a settlement the mediation or arbitration process could 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 businesses that have liens on your award from a special money escrow before distributing the check.