How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these situations the defendant is typically the one who is at fault. The plaintiff is usually the victim.
Your attorney will examine your medical records and other documents to assess the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate with the insurance company for you.
Damages
If a plaintiff prevails in a personal injury claim, the judge awards the plaintiff money to pay damages. The funds may be awarded in lump sums or spread over a period of time, as part if a structured settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are costs which can be listed and quantifiable for example, medical expenses and lost wages. General damages, like discomfort and pain, as well as loss of enjoyment are more difficult to quantify.
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. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to do activities you used to take for granted.
In a majority of personal injury cases, multiple defendants are at fault. This is particularly true when a business or an individual is guilty of the most blatant negligence, fraud and criminal motives. The court can also award punitive damages to discourage others from doing the same thing.
After a lawsuit has been filed and the defendants are served with a summons and complaint. They will then be required to file a response or answer, within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. The parties will exchange information and evidence in this stage and may even conduct depositions. This is the majority of the personal injury timeline.
Statute of limitations
If you make a claim for injury after the statute of limitations expires, it's likely that you will lose your right to receive damages. That's why it's crucial to consult an attorney who specializes in personal injury to discuss your case early even if you're not sure if the incident happened within the deadline.
A statute of limitations is a state law which provides a time frame for filing a lawsuit. In many states the statute of limitations starts at the time of the incident or accident that caused your injuries. The deadline for filing a lawsuit for personal injury also depends on the person you're seeking to sue. If you are suing an entity of municipal government (such as a county or city) the deadline will be much shorter.
There are certain circumstances which could change the statute of limitations in your particular case. For example, if you were exposed to harmful substances or a victim of medical malpractice The time limit may begin when you discover, or reasonably should have realized, that your injuries were the result of negligence. In certain instances, minors are exempt from the statute of limitations.
If you make a claim for injury after the statute of limitation has expired Your defendant is likely to tell the court about this and request to dismiss your claim. In this instance the court will dismiss your claim in a hurry without hearing. That's why it is important to consult an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is an official legal document filed by a party who alleges a cause for action and seeks legal relief. The complaint should also state the type of relief the plaintiff is seeking. The defendant must then respond within a specific time frame. The defendant is usually able to deny the claim. If the defendant does not respond, default judgment can be made in favor of the petitioner.
In the majority of cases, personal injury claims are based on actual bodily injury. Physical injuries can be costly, and your attorney will work to ensure that you receive compensation for any current medical bills, as well as any anticipated future expenses. These include things like medication, home care and physical therapy. You can also claim for any loss of quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as suffering and pain.
If a complaint is filed, the court will convene a preliminary conference to schedule mandatory physical and oral examinations as well as any document production. Your lawyer will prepare an Bill of Particulars. It is a thorough description of your injuries. This will include the losses you have suffered including your current and future medical costs loss of wages, as well as property damage. Your lawyer will also describe the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you are seeking. If the case is deemed to be a probable cause, your case will be scheduled for a public hearing. If your complaint is rejected due to a finding of no probable reason or because the court lacks jurisdiction, you may appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff files a complaint with the court and then sends the defendant a copy via registered or certified mail within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photos 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 the harm you suffered.
In the middle of a lawsuit, called "discovery" in which each party has the opportunity to ask questions and look over evidence provided by the opposing party. The defendant's representatives will need to have complete information before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time.
Your lawyer can also ask to have you examined by any doctor they choose in regard to the damages and injuries you're seeking. If you fail to attend, the judge could dismiss your case or order that you pay the defendant the cost of their examination.
After a discovery and inspection, attorneys from both sides may file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is ready for trial. The judge will then set a trial date. During the trial the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is responsible and the jury awards you damages. If the defendant isn't responsible and the jury denies your claim.
Trial
A personal injury claim involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. A lawsuit can also be filed for physical injuries like pain and discomfort and loss of companionship.
Your lawyer will conduct an investigation on the accident during the beginning stages of the investigation to determine the exact cause and the extent of your injuries. He or she will then engage with the insurance company of the party at fault. Your attorney will keep in contact with you regarding any significant developments and will also negotiate throughout the entire process.
If negotiations fail and your lawyer is unable to resolve the issue, he will file an official complaint in a court against the defendant. A complaint, the first official document filed in a civil suit, lists all parties, details the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be personally served, which means that it must be physically handed 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 denies or acknowledges the allegations made in the Complaint. During this stage your lawyer will submit medical records, documents as well as other evidence to prove your case. The defendant's attorney will then respond to these documents and the two sides will start further negotiations.
If the parties are not able to reach a settlement, mediation or arbitration may be required prior to your case can go to trial. A large portion of personal injury cases are settled out of court. Canton injury lawsuit must first pay any company that have liens on your award from a special money escrow before distributing an actual check.