How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These lawsuits typically involve a person who is at the fault (defendant) and an injured party known as the plaintiff.
Your attorney will review all medical records and other documents, to determine the totality and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury lawsuit the courts award them money 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 types of compensatory damages: general and special. Special damages are measurable costs that can be categorized, such as medical bills and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment, are more difficult to quantify.
Keep a diary to record the way your injuries affected you. This will increase your chance of receiving maximum compensation for any non-economic losses. Lakewood injury lawsuit includes the impact on your relationships, pain levels throughout the day mental stress and your ability to do activities you used to take for granted.
In many personal injury lawsuits there are many defendants. This is most common when a business or person acts with criminal intent, fraud and gross negligence. The court can also award punitive damages to discourage others from doing the same thing.
When a lawsuit is filed, the defendants will receive a summons and complaint. They are then required to submit a response which is also known as an answer within 30 days. Typically, defendants will not deny the allegations contained in the complaint. Once the answer is filed, the case will enter an investigation stage, known as discovery. Both parties will exchange information and evidence in this stage including depositions. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations has expired you could lose your right to recover damages. It is important to consult an attorney in personal injury as soon as you can, even if you're not certain whether the incident occurred before the timeframe.
A statute of limitations is a law in a state that establishes a deadline for filing lawsuits. In the majority of states the statute of limitations runs with the date of the incident or accident that caused your injuries. The deadline for filing an injury lawsuit is dependent on the person you are suing. If you want to sue an entity that is a part of the municipal government (such as the city or county), the deadline will be much shorter.
In addition, there are certain situations that can change the statute of limitations in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations could begin when you realize or ought to have known that your injuries are the result of negligence. In some cases, the statute of limitations can be extended for minors.
If you file a personal injury claim after the statute of limitations has expired the defendant will likely point this out to the court and ask for your lawsuit to be dismissed. In this instance, the court will dismiss your claim summarily without hearing. That's why it is important to consult an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a legal formal document filed by a plaintiff that alleges an action and demands legal relief. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a certain time frame. 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.
Most personal injury claims are based on actual bodily harm. Physical injuries can be very costly, and your attorney will work to ensure you get paid for any existing medical bills and any future expenses you anticipate. These costs include medical expenses or home care as well as physical therapy. Additionally, you can claim for any loss of quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damages is referred to as suffering and pain.
If a complaint is filed and the court is notified, they will hold a preliminary conference to plan mandatory physical and oral examinations as well as any document production. After the conference your lawyer will draft the Bill of Particulars. This is a detailed report of your injuries. This will include your losses including future and present medical costs, lost wages and property damage. Your lawyer will also outline the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that you are seeking. If your case is determined to be probable cause you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable reason or because the court does not have jurisdiction, you may appeal the decision.
Summons
The formal lawsuit process starts with a summons and complaint. The plaintiff files a complaint with the court and then sends the defendant a copy of the complaint via certified or registered post within a certain time frame. 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 suffered by you in more specific detail. This may include photos of your injuries, medical bills and lost wages. It may also include details of the accident and what the defendant is accountable for your injuries.
During the middle part of a lawsuit, also known as "discovery," each party gets 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 full information before making settlement offers.
Your lawyer can also request that you be examined by a doctor of their choosing in regard to the damages and injuries you're claiming. If you fail to attend, the judge could dismiss your case or order that you pay the defendant for the cost of their examination.
After discovery and inspection, attorneys from both sides can file a form called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is ready to go to trial. The judge will then decide a trial date. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is responsible, the jury will award you damages. If the defendant is not accountable, the jury will deny your claim.
Trial
A personal injury case encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed for non-physical injuries such as pain and suffering and loss of companionship.
Your lawyer will conduct a thorough investigation on the accident during the beginning stages of the investigation to determine the exact cause and extent of your injuries. Then, he will work with the insurance company of the at-fault company. Your lawyer will keep you up to the minute on any negotiations or significant developments during this process.
After negotiations have failed, your lawyer will file a formal complaint in the court against the defendant. A Complaint, the first official document in a civil suit, identifies all parties, details the incident, and claims that there was wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. It typically takes one month. Once service is complete, the defendant must "answer" the Complaint within a specific date, which is usually 30 days.
The answer will tell you if the defendant denies or accepts the allegations made in the Complaint. In this phase your lawyer could provide medical records, documents and other evidence to back your case. The lawyer representing the defendant will then reply to these documents and the two sides will start discussions.
If the parties can't come to an agreement, mediation or arbitration could be required prior to trial can begin. A significant portion of personal injury cases are settled outside of court. Once a settlement is reached, your lawyer must pay any companies with lien on the settlement through a specific account for escrow before he or they can issue an official check.