How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for injuries or losses. These lawsuits typically involve a person at fault (defendant) and an injured party known as the plaintiff.
Your attorney will review your medical records and other documentation to assess the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you.
Damages
When a plaintiff wins in a personal injury claim, the court gives the plaintiff a sum of money to cover damages. These funds may be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be categorized and are measurable like medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment are more difficult to quantify.
Keeping a journal detailing how your injuries have affected you can help improve the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your daily pain levels and bouts of mental stress, and how injuries affect your ability to engage in activities you once took for granted.
In many personal injury lawsuits there are multiple defendants. This is most common when a business or individual commits criminal intent, fraud or gross negligence. The court can also award punitive damages to deter others from acting in a similar way.
The defendants receive a summons with a complaint once the lawsuit has been filed. They will then be required to submit a response or answer, within 30 days. Typically, defendants contest the allegations made in the complaint. Once the answer is filed and the case is referred to as an investigation stage, known as discovery. This is where the parties exchange pertinent information and evidence, including depositions under oath. This is the majority of the timeline for personal injuries.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to claim damages. It is essential to speak with a personal injury attorney as soon as you can, even if you're not certain whether the incident occurred before the time frame.
A statute of limitations is a law of the state that provides a time frame for filing lawsuits. In most states, the statute of limitations starts with the date of the incident or accident that led to your injuries. The time limit for filing an injury lawsuit is dependent on the person you are suing. For instance, if you would like to sue a local government entity (such as a city or county) the deadline is significantly shorter.
There are also certain situations which could change the statute of limitations in your situation. For example, if you were exposed to toxic substances or suffered medical malpractice, the statute of limitations may start when you discover, or reasonably should have realized that your injuries were caused by negligence. In some cases, the statute of limitations may be tolled for minors.
If you file a claim for injury after the statute of limitation has expired the defendant will likely inform the court of this and request that your case be dismissed. In this instance the court will dismiss your claim summarily without a hearing. It is essential to contact a personal injury lawyer as soon as you can to discuss your case to determine if you have an official claim.
Complaint
A complaint is a formal legal document that is filed by a person who alleges a cause for action and seeks legal relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. A defendant will usually decline to respond. If the defendant fails to respond to the claim, a default judgment could be granted in favor of the petitioner.
In the majority of cases, personal injury claims involve actual bodily injury. Physical injuries can be expensive, and your lawyer will ensure that you receive compensation for any current medical bills as well as any future costs that are anticipated. This includes things like medications as well as home care and physical therapy. You may also be able to claim any loss in your quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damage is referred to as suffering and pain.
The court will schedule a preliminary conference when the complaint has been filed. This will be used to schedule any required oral or physical examinations, and also the production of any documents. After the conference, your lawyer will prepare an Bill of Particulars. It will provide a full description of your injuries. It will include all the losses you have suffered which include the cost of your present and future medical bills, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in life as well as any other damages not monetary you seek. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If YouTube is dismissed due to a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant via registered or certified mail within a certain timeframe. The defendant must respond, or else risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in greater detail. It may include photographs of your injuries, medical bills, and lost wages. It also contains details about the accident and what the defendant is accountable for your injuries.
In the middle of a lawsuit called "discovery," each party has the opportunity to ask questions and inspect evidence held by the other party. Your attorney will be important in this stage of negotiations because the representatives of the defendants want full information before making settlement offers.
Your lawyer can also ask to see you by a doctor they select in connection with the damages or injuries you're seeking. If you don't attend, the court could dismiss your case. Or, they may require that you pay for the defendant's examination costs.
After the discovery and inspection process is completed, the lawyers on both sides can file a document known as the "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 schedule the trial. During the trial the jury will determine if the defendant is responsible for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not responsible and the jury denies your claim.
Trial
Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander) and physical injury from accidents like car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries like pain and suffering and loss of companionship.
In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your losses. The lawyer will then negotiate with the insurance company of the party who is at the fault. Your attorney will stay in touch with you about any significant developments and discussions throughout the process.
After negotiations fail, your lawyer will file a formal complaint in court against defendant. A complaint is the first official document in a civil lawsuit. It names the parties, explains the incident, argues for wrongdoing, and seeks compensation. The complaint must be personally served which means it must be physically handed to the defendant. It usually takes about a month. After service has been completed, the defendant must "answer" the Complaint within a specified time frame, which is typically 30 days.
The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. During this phase your lawyer may provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will respond to these documents, and then the two sides will start negotiations.
If the parties are unable to reach an agreement, mediation or arbitration may be required before a trial can take place. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award from a special money escrow before distributing a check.