How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These lawsuits typically involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff.
Your attorney will review your medical records and other documents to understand the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in an injury lawsuit the courts award them funds to pay for their damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds: general and special. Special damages are expenses that can be itemized and are measurable like medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment, are more difficult to quantify.
Writing down 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 anguish and your ability to complete activities you used to take for granted.
In many personal injury lawsuits there are many defendants. This is the most frequent scenario when a business or person acts with criminal intent, fraud, and gross negligence. The court may also award punitive damages to deter other people from engaging in the same manner.
The defendants will receive an order with a complaint after a lawsuit has been filed. The defendants are required to submit a response (also known as an answering) within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer has been filed, the case moves to an investigation known as discovery. The parties will share information and evidence during this phase including depositions. This is where you will find the majority of the time in the timeline of personal injury lawsuits.
Statute of limitations
If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. This is why it's important to consult an attorney who specializes in personal injury to discuss your case as early as possible even if you're not certain if the incident occurred before the deadline.
A statute of limitations is a law in a state which sets a time frame on how long you must make an injury lawsuit. In most states, the statute of limitations starts with the date of the accident or incident that caused your injuries. The time limit to file a lawsuit is dependent on the person you are suing. For instance, if you want to sue a municipal government entity (such as a city or county), the deadline is much shorter.
Additionally there are certain circumstances that could alter the statute of limitations in your particular case. If you have been exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain cases minors are not subject to the statute of limitation.
If you file an injury claim after the time limit has expired the defendant will most likely to inform the court and request the case to be dismissed. In this case, the court will dismiss your claim without hearing. It is essential to contact a personal injury lawyer as soon as you can to discuss your situation and determine if you have a legal claim.
Complaint
A complaint is a formal legal document that is filed by a party who asserts a cause of action and seeks judicial relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a certain time frame. A defendant is likely to decline to respond. If the defendant fails to respond, a default judgment may be granted to the petitioner's behalf.
Personal injury claims are typically founded on bodily injury. 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. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes things like being unable to drive, sleep or walk normally. This type of damages is referred to as suffering and pain.
The court will set up the preliminary conference after a complaint has been filed. The court will schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will then prepare a Bill of Particulars. This is a thorough report of your injuries. This will include your losses including your future and current medical costs loss of wages, as well as property damage. Your lawyer will also describe the grievous emotional distress or disfigurement, loss of enjoyment of life and any other non-monetary damages you seek. If the case is deemed to be a probable cause your case 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 authority, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons and a complaint. The plaintiff files the complaint with a court and sends a copy of the document to the defendant by certified or registered mail within a specific time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries sustained by you in greater specific detail. It may include photographs of your injuries, medical bills, and lost wages. The document will also contain information regarding the accident and why you believe the defendant is accountable for the injury.
During the middle part of a lawsuit referred to as "discovery," each party is allowed to ask questions and inspect evidence that is held by the other party. Your attorney will be important during this stage of negotiations since the representatives of the defendant want to have complete information before they make settlement offers.
Your lawyer can also request to see you by a doctor they select for the damages or injuries you're seeking. If you fail to attend, the court may dismiss your case. Or order that you pay for the defendant's examination costs.
Once discovery and inspection are completed, lawyers on each side can submit a document referred to as an "Notice of Issue" and a "Statement of Readyness for Trial." This informs the court that your case is prepared to go to trial. The judge will then determine a trial date. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not accountable then the jury will deny your claim.
Trial
A personal injury case can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. Additionally, lawsuits can also be filed over physical injuries, such as pain and suffering and loss of companionship.
In the initial stages of your case the lawyer will investigate your accident to fully understand the cause of the incident and the extent of your losses. He or she will then engage with the insurance company of the party who is at fault. Your lawyer will keep you up-to current on any negotiations and significant developments during this process.
After negotiations fail, your lawyer will file a formal complaint in the court against defendant. A Complaint is the first official document in a civil suit that identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. The complaint must be personally served, which means that it must be handed over physically to the defendant. This typically takes about a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will tell you if the defendant denies or admits the allegations in the Complaint. At this point, your lawyer may submit documents, medical records and other evidence to support your argument. The attorney representing the defendant will then reply to these documents and then the two sides will begin discussions.
If the parties are unable to reach an agreement the mediation or arbitration process could be required prior to your case is put to trial. A large portion of personal injury cases are settled outside of court. After Layton injury lawyer has been reached, your lawyer must pay any businesses that have lien on the award out of a special escrow account before he or they can issue a check.