How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. In these cases the defendant is typically the one who is at fault. The plaintiff is typically the party who is injured.
Your lawyer will go through your medical records and other documentation to assess the full extent of your injuries, the 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 lawsuit, the court awards them money to pay for damages. The funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: general and special. Special damages are expenses that can be itemized and quantifiable, such as medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment of living, are more difficult to quantify.
Writing down the way your injuries have affected you you can help improve the odds of obtaining maximum compensation for non-economic damages. These include the effects on your relationships, daily pain levels and bouts of mental anguish and how injuries affect your ability to take part in activities that you used to take for taken for granted.
In many personal injury lawsuits, there are multiple defendants. This is especially common when a person or business is guilty of reckless negligence, fraud, and criminal motives. The court may also give punitive damages to discourage others from acting in a similar manner.
After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants are required to submit a response (also called an answer) within 30 days. Usually, defendants will deny the allegations made in the complaint. Once Lawrence injury lawyers is filed, the case will enter an investigation stage, known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This is where you will find the majority of time in a personal injury 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 the right to damages. It is essential to speak with a personal injury attorney as soon as possible, even if you're not certain if the incident occurred within the deadline.
A statute of limitations is a state law which sets a time frame on the time you can file an injury lawsuit. In many states, the statute of limitations starts on the date of the incident or accident that caused your injuries. The deadline to file a lawsuit for personal injury also depends on the person you are suing. If you intend to sue an entity of municipal government (such as the city or county) the deadline is shorter.
In addition there are certain circumstances that can change the statute of limitations in your situation. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or reasonably should have known that your injuries are due to negligence. In some cases the statute of limitations is tolled for minors.
If you file an injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and request your lawsuit to be dismissed. If this happens, the court will dismiss your claim on the spot without a hearing. It is important to consult an attorney for personal injuries as soon as you can to discuss your case and determine if you can make an official claim.
Complaint
A complaint is a legal formal document filed by a plaintiff that asserts a cause of action and demands the judicial remedy. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specified time frame. The defendant is usually able to decline to respond. If the defendant fails to 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. Your lawyer will ensure that you receive compensation for your current medical bills and any future expenses. This includes things like medications as well as home care and physical therapy. In addition, you can claim for any loss of quality of life resulting from your injuries. This includes things like being unable to drive, sleep or walk normally. This type of damage is called pain and suffering.
The court will set up an initial conference once the complaint is filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Following the conference your lawyer will draft a 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 describe any emotional distress, disfigurement or loss of enjoyment in life, as well as any other damages that are not monetary that you are seeking. If your case is found to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons as well as a complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant through certified or registered mail within a specific timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries sustained by you in greater detail. It may include photographs of your injuries, medical bills, and lost wages. The document will also contain information about the incident and how you believe the defendant is responsible for the damage.
In the middle of a lawsuit called "discovery," each party gets to ask questions and look over evidence held by the other party. Your lawyer will be crucial in this phase of negotiations as the representatives of the defendants want complete information before they make settlement offers.
Your lawyer can also ask to have you examined by a doctor they choose in relation to the injuries or damages you're seeking. If you do not attend, the judge may dismiss your case or order that you pay the defendant their examination costs.
Once discovery and inspection are completed, attorneys on both sides can submit a document referred to as a "Notice of Issue and Statement of Readiness for Trial." This informs the court that your case is now ready to go to trial. The judge will then decide on a trial. During the trial the jury will decide if the defendant is responsible for the accident and your injuries. If the defendant is responsible, the jury will award you damages. If the defendant is not liable, the jury will reject your claim.
Trial
Personal injury claims can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents like car crashes and falls. A lawsuit can also be filed for physical injuries like discomfort and pain and loss of companionship.
In the early stages of your case, your lawyer will research your accident to fully understand what occurred and the extent of your injuries. He or she will then negotiate with the insurance company of the party at fault. Your lawyer will keep you up-to date on any negotiations and important developments throughout the process.
After negotiations have failed and your lawyer has to file a formal complaint in court against the defendant. A Complaint, the first official document in civil lawsuits, names all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. It usually takes about approximately a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer is whether the defendant acknowledges the allegations made in the Complaint or denies them. In this phase, your lawyer may submit medical records, documents and other evidence to support your case. The defendant's lawyer will submit a response to these documents and the two sides will engage in further negotiations.
If the parties are unable to come to an agreement the mediation or arbitration process could be required prior to your case can go to trial. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any businesses with liens on your monetary award from a special money escrow before distributing the check.