How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These cases often involve a party 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, expenses and damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in a personal injury claim the court will award the plaintiff money to pay damages. These funds may be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are the ones that can be quantified that can be categorized like medical bills and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment of life, are more difficult to quantify.
Keep a diary to record how your injuries impacted your life. This will increase your chance of receiving the most compensation for the non-economic damages. These include the effects on your relationships, daily pain levels, and episodes of mental stress and how injuries affect your ability to participate in activities you once took for taken for granted.
In many personal injury lawsuits there are many defendants. This is particularly true when a business or an individual is guilty of reckless negligence, fraud, and criminal intention. The court may also award punitive damages to discourage others from engaging in the same manner.
The defendants receive an order with a complaint once the lawsuit has been filed. The defendants will be required to provide a response (also called an answering) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed the case will move to the process of fact-finding, also known as discovery. This is where the parties exchange pertinent information and evidence, as well as taking depositions under oath. This is the majority of the timeline for personal injuries.
Statute of limitations
If you file a lawsuit for injury after the statute of limitation expires, it's likely that you will lose your right to receive damages. It is crucial to speak with an attorney in personal injury as soon as possible, even if you're not certain whether the incident occurred within the time frame.
A statute of limitations is a law of the state that sets a time limit on the amount of time you must make an injury lawsuit. In the majority of states the statute of limitations starts with the date of the incident or accident that caused your injuries. The time frame for filing an injury lawsuit also depends on the party you are suing. For instance, if want to sue a municipal government entity (such as a city or county), the deadline is much shorter.
Additionally there are certain circumstances that can change the statute of limitations in your particular case. For example, if you were exposed to harmful substances or suffered medical malpractice, the time limit may begin when you realize or ought to have realized that your injuries were the result of negligence. In some cases the statute of limitations can be tolled for minors.
If you file a claim for injury after the statute of limitation has expired, your defendant will likely inform the court of this and ask that your case be dismissed. In this scenario, the court will dismiss your claim in a hurry without hearing. It is essential to contact an attorney who specializes in personal injury as soon as possible to discuss your case and determine if you are eligible to file a legal claim.
Complaint
A complaint is a legal document filed by a plaintiff that alleges an action, and a demand for the judicial remedy. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant must then respond within a specified timeframe. In general, a defendant will not respond to the claim. If the defendant does not respond, a default judgment could be made in favor of the petitioner.
In the majority of cases, personal injury claims can result in bodily harm. Physical injuries can be extremely expensive, and your attorney will ensure that you receive compensation for any current medical bills as well as any anticipated future expenses. These include things like medication, home care and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is referred to as pain and suffering.
When a complaint is filed, the court will hold a preliminary conference to plan obligatory oral and physical examinations, as well as any document production. After the conference your lawyer will draft an Bill of Particulars. This is a thorough account of your injuries. It will include all of your losses, including the costs of your current and future medical expenses, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment and any other non-monetary damages that you are seeking. If your case is found to be a probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable cause or because the court lacks jurisdiction, you may appeal the decision.
Summons
The formal lawsuit process starts with a summons and complaint. The plaintiff files the complaint with a court and sends a copy of the document to the defendant through registered or certified mail within a specified time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which describes the damages and injuries you've sustained more fully. It may include photographs of your injuries, medical bills, and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for your injuries.
In the middle of a lawsuit, referred to as "discovery" the parties is able to ask questions and look over evidence provided by the opposing party. The representatives of the defendant will want to have all the facts before making settlement offers, therefore your attorney plays a significant role in negotiations during this time.
Your lawyer may also request to have you examined by a doctor of their choosing in regard to the injuries and damages you're seeking. If you don't attend, the judge may dismiss your case or order that you pay the defendant their examination costs.
Once discovery and inspection are completed, attorneys on both sides may file something called an "Notice of Issue and Statement of Readyness for Trial." This informs the court that your case is ready to go to trial. The judge will then decide on the trial. During the trial, the jury will decide if the defendant is accountable for the accident and the injuries you suffered. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't accountable then the jury will dismiss your claim.
Trial
A personal injury lawsuit encompasses a range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit may also be filed for injuries that are not physical, such as discomfort and pain and loss of companionship.
Your lawyer will conduct an investigation regarding your accident in the initial stages of the case to determine the exact cause and extent of your injuries. Then, he or she will work with the insurance company of the at-fault company. Your attorney will keep you up to the minute on any negotiations or significant developments throughout this process.
If negotiations are unsuccessful, your lawyer will file a formal complaint in the court against defendant. A Complaint is the first official document in a civil suit that names the parties, explains the incident, argues for wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. It typically 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 contained in the Complaint. At this point, your lawyer may provide medical records, documents and other evidence to support your argument. The lawyer for the defendant will provide an answer to these documents, and the two sides will engage in further negotiations.
If the parties can't reach an agreement, mediation or arbitration could be required prior to a trial can take place. However, Memphis injury attorneys of personal injury cases settle out of court. Your lawyer must first pay any businesses that have lien on your monetary award through a specialized money escrow before distributing an actual check.