How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. The cases typically involve a person who is at the fault (defendant) and an injured party known as the plaintiff.
Your lawyer will go through your medical records and other documents to determine the extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in an injury lawsuit the courts award them funds to pay for their damages. These funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are measurable costs that can be listed, such as medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment, are more difficult to quantify.
Keeping a journal detailing how your injuries have affected you can help improve your chances of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, daily pain levels, and episodes of mental anguish and how injuries affect your ability to engage in activities you once took for taken for granted.
In many personal injury lawsuits, there are multiple defendants. This is most common when a business or an individual is guilty of the most blatant negligence, fraud and criminal intention. The court can also award punitive damages to deter other people from acting in the same way.
When a lawsuit is filed and the defendants are served with a summons and complaint. They will then be required to respond which is also known as an answer within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. Both parties will exchange information and evidence in this stage including depositions. This stage accounts for the majority of the time in the timeline of personal injury lawsuits.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is possible that you will lose your right to receive damages. That's why it is important to consult a personal injury lawyer about your case early on even if you're not certain if the incident occurred within the timeframe.
A statute of limitation is a state law which establishes a deadline for filing an action. In the majority of states the statute of limitations starts on the date on which the accident or incident caused your injuries. The deadline for filing a personal injury lawsuit also depends on the person you're suing. 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 that may change the statute of limitation in your case. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations can begin when you discover or ought to have known that your injuries are due to negligence. In Redlands injury lawsuits , the statute of limitations can be tolled for minors.
If you file an injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and request your lawsuit to be dismissed. If this happens, the court will summarily dismiss your claim without hearing. It is essential to contact a personal injury lawyer immediately to discuss your case and determine if you have a legal claim.
Complaint
A complaint is a formal legal document that is filed by a person who asserts a cause of action and seeks legal relief. The complaint should also state the type of compensation that the plaintiff seeks. The defendant must then respond within a set timeframe. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment may be granted 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 work to ensure you receive compensation for any current medical bills, as well as any future expenses you anticipate. This includes things like medications as well as home care and physical therapy. You can also claim any loss in your quality of life resulted from your injury. This includes things like the inability to walk, drive, or sleep normally. This kind of injury is referred to as pain and suffering.
The court will schedule a preliminary conference when the complaint is filed to schedule any mandatory oral or physical examinations, as well as the production of any documents. Following the conference, your lawyer will prepare the Bill of Particulars. This is a thorough description of your injuries. It will include all the losses you have suffered, including the costs of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also describe the grievous emotional distress or disfigurement, loss of enjoyment of life and any other damages that you are seeking. If your case is determined to have probable cause you will be scheduled for an open hearing. If your complaint is rejected 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 begins 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 specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the injuries and damages you've suffered more fully. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information about the accident and how you think the defendant is responsible for the damage.
In the middle of a lawsuit referred to as "discovery," each party has the opportunity to ask questions and examine evidence that is held by the other party. Your lawyer will be crucial in this stage of negotiations since the representatives of the defendant want to have complete information prior to making settlement offers.
Your lawyer can also request that you be examined by any doctor they choose regarding the injuries and damages you're seeking. If you don't attend, the judge could dismiss your case or require that you pay the defendant for the cost of their examination.
Once discovery and inspection are completed, the lawyers on both sides can submit a document referred to as a "Notice of Issue" and a "Statement of Readiness for Trial." This informs the court that your case is prepared to go to trial. The judge will then decide the trial date. During the trial, a jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is responsible, the jury may award you damages. If the defendant isn't responsible and the jury denies your claim.
Trial
A personal injury case encompasses a range of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries like the suffering of others and loss of companionship.
In the initial stages of your case the lawyer will investigate the accident to determine the cause of the incident and the extent of your damages. He or she will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments throughout this process.
After negotiations fail the lawyer will file an official complaint in a court against the defendant. A complaint, the first official document filed in a civil suit, identifies all parties, outlines the incident, and claims that there was wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. This usually takes a month. After service, the defendant has 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or accepts the allegations made in the Complaint. In this stage, your lawyer can submit medical records, documents, and other evidence in support of your case. The defendant's lawyer will submit a response to these documents and the two parties will continue to negotiate.
If the parties are unable to reach a settlement the mediation or arbitration process could be required before your case can go to trial. A significant portion of personal injury cases are settled outside of court. When a settlement is reached, your lawyer has to pay any companies with lien on the settlement out of a separate account for escrow before he or she will write you an official check.