How Personal
Injury Lawsuits Work
Personal injury lawsuits are civil disputes over the compensation for losses or injuries. In these instances the defendant is usually the one who is at fault. The plaintiff is usually the injured party.
Your attorney will review your medical records and other documentation to determine the extent of your injuries, costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury claim the court awards the plaintiff money to pay damages. These funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be itemized like medical bills and lost earnings. General damages are more difficult to place a dollar value on, like pain and suffering and loss of enjoyment.
Keep a diary of how your injuries have affected you can help improve your chances of obtaining maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels mental stress and your ability to perform things you once took for granted.
In a lot of personal injury cases, multiple defendants are responsible. This is most common when a person or business commits the most blatant negligence, fraud and criminal motives. The court may also award punitive damage to discourage others from doing the same thing.
The defendants are served with an order with an accusation once a lawsuit has been filed. They must respond or answer, within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer has been filed, the case enters the phase of fact-finding, also known as discovery. This is when both parties will exchange relevant information and evidence, as well as depositions under oath. This is the stage that accounts for the majority of the time in a personal
injury attorneys lawsuit timeline.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is possible that you'll lose your right to receive damages. That's why it is important to speak with a personal
injury lawyer about your case early on even if not sure if the accident 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 many states the statute of limitations starts on the date of the accident or incident that led to your injuries. The deadline for filing a personal injury lawsuit also varies depending on the person you are seeking to sue. For instance, if you would like to sue a local government entity (such as a county or city) the deadline is significantly shorter.
There are other situations that could alter the time limit in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations may begin when you discover or reasonably should have known that your injuries are the result of negligence. In some cases, minors are exempt from the statute of limitation.
If you make a claim for injury after the statute of limitations has expired, your defendant will likely inform the court of this and ask to dismiss your claim. In this case the court will decide to dismiss your claim without a hearing. That's why it is important to speak with a seasoned personal
injury attorney near me lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is an official legal document that is filed by a party that asserts a cause of action and demands the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specific time frame. A defendant is likely to decline to respond. If the defendant does not respond to the claim, a default judgment could be entered in favor of the petitioner.
Personal injury claims are typically based on actual bodily harm. Physical injuries can be very costly, and your attorney will ensure that you get paid for any existing medical bills and any future expenses you anticipate. This includes things like medications, home care and physical therapy. You may also be able to claim any loss in your quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as suffering and pain.
The court will schedule an initial conference once a complaint has been filed. The court will schedule any mandatory oral or physical examinations and also the production of any documents. After the conference, your
lawyer injury will prepare the Bill of Particulars. This is a detailed description of your injuries. It will include your losses including your future and current medical costs as well as lost wages 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 seek. If the case is determined to be a probable cause, your case will be scheduled for a public hearing. If the complaint is dismissed as a result of a decision that there is no probable cause, or because the court does not have jurisdiction, you are able to 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 then sends the defendant a copy of the complaint via registered or certified mail within a certain time frame. The defendant has to respond, or they risk a 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. 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, referred to as "discovery" in which each party is given the chance to ask questions and examine evidence held by the opposing party. The defendant's representatives will need to have complete information before making settlement offers, so your attorney plays a significant role in negotiations during this time.
Your lawyer can also request to have you examined by a doctor of their choosing in regard to the damages and injuries you're seeking. If you fail to attend, the judge may dismiss your case, or demand that you pay the defendant for the costs of their examination.
After the discovery and inspection, attorneys from both sides can file a form 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 schedule a trial. During the trial the jury will decide if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is responsible the jury could award you damages. If the defendant is not accountable then the jury will dismiss your claim.
Trial
A personal injury case involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit may also be filed for physical injuries like pain and discomfort and loss of companionship.
In the beginning of your case the lawyer will investigate your accident to fully understand what occurred and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at the fault. Your
attorney injury lawyer will keep you up-to date on any negotiations and significant developments during this process.
Once negotiations have failed the lawyer will submit a formal complaint to court against the defendant. A Complaint, which is the first official document filed in a civil suit, lists all parties, outlines the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to him or her. It usually takes about a month. Once service is complete and the defendant is required to "answer" the Complaint within a specific time frame, which is typically 30 days.
The answer is whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. At this point your lawyer could provide medical records, documents and other evidence to support your argument. The defendant's lawyer will submit an answer to these documents and the two parties will continue to negotiate.
If the parties are not able to reach an agreement the mediation or arbitration process could be required prior to your case is put to trial. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any companies with liens on your monetary award through a specialized account before distributing a check.