How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for injuries or losses. In these instances the defendant is usually the one who is who is at fault. The plaintiff is typically the party who is injured.
Your lawyer will review all of your medical records along with other documentation, in order to determine the full extent and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff is successful in a personal injury case, the courts award them funds to cover their losses. These funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types: special and general. Special damages are those that can be quantified that can be listed like medical bills and lost earnings. General damages are difficult to put a dollar amount on, such as pain and suffering and loss of enjoyment of life.
Writing down the way your injuries have affected you your chance of winning maximum compensation for non-economic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental anxiety and how injuries affect your ability to engage in the activities you used to take for granted.
In many personal injury lawsuits there are many defendants. This is especially common when a person or business is guilty of the most blatant negligence, fraud and criminal motives. The court may also give punitive damages to discourage others from acting in a similar manner.
The defendants will receive a summons with a complaint after a lawsuit has been filed. They will then be required to file a response or answer, within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After the answer is filed, the case will enter a fact-finding stage known as discovery. This is the time when both parties will share relevant information and evidence, which includes depositions under an oath. This is where you will find the majority of the time in the timeline of personal injury lawsuits.
Statute of limitations
If you make a claim for injury after the statute of limitation expires, it is possible that you will lose your right to receive damages. It is important to consult an attorney for personal injuries as soon as you can, even if you're not certain if the incident occurred within the timeframe.
A statute of limitations is a state law that sets a deadline on how long you have to make an injury lawsuit. In the majority of states the statute of limitations begins with the date of the incident or accident which caused your injuries. The time frame for filing a lawsuit for injury is dependent on the person you are suing. For example, if you would like to sue a local government agency (such as a city or county) 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 example, the statute of limitation can begin when you discover or reasonably should have known that your injuries are due to negligence. In certain cases, 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 point this out to the court and request the dismissal of your lawsuit. If this occurs, the court will dismiss your claim on the spot without a hearing. This is why it's crucial to consult an experienced personal injury lawyer early to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is a formal legal document that is filed by a party that claims a cause of action and demands the judicial remedy. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant is then obliged 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.
In most cases, personal injury claims involve actual bodily harm. Physical injuries can be extremely expensive, and your lawyer will ensure that you receive compensation for any current medical bills, as well as any anticipated future expenses. This includes things like medications as well as home care and physical therapy. You can also claim any loss in your quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as suffering and pain.
When a complaint is made when a complaint is filed, the court will hold a preliminary meeting to plan obligatory oral and physical examinations as well as any document production. After the conference, your lawyer will prepare the Bill of Particulars. It is a comprehensive description of your injuries. It will include your losses including your current and future medical costs as well as lost wages and property damage. Your lawyer will also describe the grievous emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you are seeking. If the case is determined to be probable cause your case will be scheduled for a public hearing. If the complaint is dismissed because of a determination that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit starts with a summons. The plaintiff files a complaint with the court and sends the defendant a copy by registered or certified mail within a certain time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've sustained more fully. It could include photographs of your injuries, medical expenses and lost wages. It also contains details about the accident and how the defendant is responsible for your injuries.
In the middle of a lawsuit referred to as "discovery," each party gets to ask questions and look over evidence that is held by the other party. Your attorney is crucial in this stage of negotiations as the representatives of the defendants want full information before making settlement offers.
Your lawyer can also request that you undergo an examination by the doctor of their choice in regard to the injuries and damages you're seeking. If you fail to attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs.
After the discovery and inspection, attorneys from both sides can file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is ready for trial. The judge will then set the trial date. During the trial, a jury will determine if the defendant is at fault 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 responsible, the jury will deny your claim.
Trial
Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander) and physical injury from accidents, such as car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries such as suffering and pain, as well as loss of companionship.
Hammond injury lawyers will conduct research on your accident in the beginning stages of the case to determine the precise cause and extent of your injuries. He or she will then negotiate with the insurance company of the party at fault. Your attorney will stay in touch with you about any significant developments and discussions throughout the entire process.
If negotiations fail the lawyer will submit a formal complaint to court against the defendant. A complaint is the first official document in a civil lawsuit. It names the parties, explains the incident, argues for wrongdoing, and requests compensation. The complaint must be served personally which means it must be delivered physically to the defendant. It usually takes about a month. Once service is complete, the defendant must "answer" the Complaint within a specified time, which is usually 30 days.
The answer will explain whether the defendant denies or accepts the allegations contained in the Complaint. In this stage, your lawyer can submit documents, medical records as well as other evidence in support of your case. The lawyer for the defendant will provide an answer to these documents and the two sides will continue to negotiate.
If the parties are not able to reach a settlement and mediation or arbitration might be required before your case goes to trial. A significant number of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any companies that have lien on the money settlement through a specific escrow account before he or she will write you an official check.
