How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for losses or injuries. These lawsuits typically involve a party who is at the fault (defendant) and an injured party known as the plaintiff.
Your lawyer will review your medical records and other documentation, in order to determine the totality and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company for you.
Damages
When a plaintiff wins a personal injury lawsuit, the courts award them money to pay for their damages. The funds may be awarded as an amount in one lump sum or spread out over a period of time, as part if a structured settlement. These funds are known as compensatory damages. There are two kinds: special and general. Special damages are the ones that can be quantified that can be categorized for medical expenses and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment, are more difficult to quantify.
Keeping a journal detailing the way your injuries have affected you you can help improve the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental stress, and how your injuries impact your ability to take part in activities you once took for granted.
In a majority of personal injury cases, multiple defendants are responsible. This is particularly true when a business or an individual acts with the most blatant negligence, fraud and criminal motives. The court may also award punitive damages to deter other people from engaging in the same manner.
Lawrence injury lawyers will receive a summons with a complaint after a lawsuit is filed. They must file a response or answer, within 30 days. Typically, defendants will contest the allegations made in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. This is where the parties exchange pertinent information and evidence, which includes taking depositions under the oath. This stage accounts for the majority of time in a personal injury lawsuit timeline.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires, it is likely that you will lose your right to receive damages. That's why it is important to speak with an attorney who specializes in personal injury to discuss your case as early as possible, even if you are not sure if the incident occurred before the deadline.
A statute of limitations is a state law that sets a time limit on the time you must bring a lawsuit for injury. In the majority of states, a statute of limitations starts on the date on which the accident or incident caused your injuries. The time limit to file a lawsuit is dependent on the person you are seeking to sue. For example, if you want to sue a municipal government agency (such as a city or county), the deadline is shorter.
In addition, there are certain situations that can change the statute of limitations in your case. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation can begin when you discover or ought to have known that your injuries are due to negligence. In certain instances minors are not subject to the statute of limitation.
If you file an injury claim after the statute of limitations 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 in a sweeping manner without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is a formal legal document that is filed by a party that asserts a cause of action and seeks the judicial remedy. The complaint should also state the kind of compensation the plaintiff is seeking. The defendant must then respond within a specified time period. In general the case, a defendant will not respond to the claim. If the defendant does not respond to the claim, a default judgment could be granted in favor of the petitioner.
Personal injury claims are usually founded on bodily injury. Your attorney will make sure that you get paid for your current medical bills and any future expenses. These expenses include medication as well as home care and physical therapy. You can also claim for any loss in quality of life that is caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of damage is known as pain and suffering.
The court will call the preliminary conference after the complaint is filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. Following the conference, your lawyer will prepare the Bill of Particulars. It is a comprehensive description of your injuries. It will include all the losses you have suffered including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will also outline the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you are seeking. If your case is determined to be probable cause you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable reason or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process begins with a summons as well as a complaint. The plaintiff submits a complaint to the court and sends the defendant a copy via registered or certified mail within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which sets out the injuries and damages you've sustained more fully. It could include photos of your injuries, medical bills, and lost wages. The document also includes information regarding the accident and why you believe the defendant is responsible for the damage.
In the middle of a lawsuit, referred to as "discovery" in which each party is able to ask questions and examine evidence provided by the other party. Your attorney is crucial in this stage of negotiations because the defendant's representatives want complete information before they make settlement offers.
Your lawyer may also request that you be examined by a doctor of their choosing in relation to the damages and injuries you're seeking. If you do not show up, the court may dismiss your case. Or, they may require that you pay for the defendant's examination costs.
After a discovery and inspection, attorneys from both sides may file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is prepared for trial. The judge will then set a trial date. During the trial the jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is to blame, the jury may award you damages. If the defendant is not liable and the jury decides to deny your claim.
Trial
A personal injury lawsuit encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. In addition, lawsuits may also be filed for physical injuries, such as suffering and pain, as well as loss of companionship.
In the early stages of your case your lawyer will conduct a thorough investigation of the accident to determine what occurred and the extent of your injuries. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will keep in touch with you on any significant developments and will also negotiate throughout the entire process.
After negotiations have failed, your lawyer will submit a formal complaint to the court against the defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, details the incident, claims that there was wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. This usually takes around one month. Once service is complete and the defendant is required to "answer" the Complaint within a specified time frame, which is typically 30 days.
The answer will tell you if the defendant denies or accepts the allegations in the Complaint. In this stage, your lawyer can provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will then reply to these documents and the two sides will start negotiations.
If the parties are unable to reach a settlement, mediation or arbitration may be required before your case goes to trial. However, a large percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer must pay any companies that have lien on the settlement through a specific account in escrow before he/ they can issue a check.