How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for injuries or losses. In these cases the defendant is typically the one who is at fault. The plaintiff is typically the victim.
Your attorney will examine your medical records and other documents to understand the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in a personal injury case, the courts award them funds to pay for their damages. The funds may be awarded in an amount in one lump sum or spread over a time period, as part if the settlement is structured. These funds are also known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are costs which can be listed and quantifiable like medical expenses and lost wages. General damages are difficult to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment of life.
Keep a diary of the way your injuries have affected you your chances of obtaining maximum compensation for non-economic damages. This includes the effect on your relationships, pain levels throughout the day as well as mental anxiety and your ability to perform activities you used to take for granted.
In many personal injury cases, more than one defendants are responsible. This is especially true when a business or person is guilty of criminal intent, fraud and gross negligence. The court can also give punitive damages to discourage others from acting in a similar manner.
When a lawsuit is filed, the defendants will receive a summons and complaint. They will then be required to submit a response, also known as an answer within 30 days. Usually, defendants deny the allegations made 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 exchange relevant information and evidence, as well as taking depositions under oath. This stage takes up the majority of the personal injury timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations runs out the statute of limitations will expire and you'll likely lose your right to recover damages. It is essential to speak with a personal injury attorney whenever you can even if you're unsure certain whether the incident occurred within the timeframe.
A statute of limitations is a law in a state that sets a deadline on the time you must file an injury lawsuit. In the majority of states, the statute of limitations starts at the time of the accident or incident that led to your injuries. The deadline for filing a personal injury lawsuit is dependent on the person you're suing. For example, if you are seeking to sue a municipal government entity (such as a city or county) the deadline is shorter.
Additionally there are certain circumstances which could change the statute of limitations in your situation. For instance, if were exposed to toxic substances or suffered medical malpractice, the statute of limitations could begin when you realize, or reasonably should have realized, that your injuries were caused by negligence. In certain cases the statute of limitations may be tolled for minors.
If you file a personal injury claim after the time limit has expired the defendant will most likely to inform the court and ask for the case to be dismissed. If this occurs, the court will summarily dismiss your claim without a hearing. This is why it's important to consult an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is an official legal document filed by a party who claims a cause of action and seeks judicial relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a specified time frame. In general the case, a defendant will deny the claim. If the defendant does not respond, a default judgment may be entered in favor of the petitioner.
Personal injury claims are usually founded on bodily injury. Your lawyer will ensure that you receive compensation for your current medical bills and any future expenses. This includes things like medications, home care and physical therapy. You can also claim any loss in quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of damage is known as suffering and pain.
When a complaint is made, the court will hold a preliminary conference to plan the mandatory oral and physical examinations, as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a thorough description of your injuries. It will include your losses including your future and current medical expenses loss of wages, as well as property damage. Pomona injury lawsuit will also detail the grievous emotional distress or disfigurement, loss of enjoyment of life and any other damages that you seek. If the case is determined to be a probable cause the 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 does not have jurisdiction, you can appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and complaint. The plaintiff files a complaint with the court and then sends the defendant a copy by registered or certified mail within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical expenses and lost wages. The document also includes information about the accident and how you think the defendant is accountable for the damage.
During the middle part of a lawsuit called "discovery," each party gets to ask questions and look over the evidence of the other party. The defendant's representatives will want to be armed with all the information they need prior to making settlement offers, therefore your attorney will play an important role in negotiations during this stage.
Your lawyer can also request that you be examined by the doctor of their choice in relation to the damages and injuries you're claiming. If you fail to attend, the judge could dismiss your case, or demand that you pay the defendant for the costs of their examination.
After the discovery and inspection process is completed, the lawyers on both sides may file a document known as the "Notice of Issue" and a "Statement of Readyness for Trial." This informs the court that your case is now ready to go to trial. The judge will then decide on a trial. During the trial the jury will decide if the defendant is responsible for the accident and your injuries. If the defendant is to blame the jury could award you damages. If the defendant is not accountable and the jury denies your claim.
Trial
Personal injury lawsuits can cover a wide range of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents like car crashes and falls. A lawsuit may also be filed for injuries that are not physical such as discomfort and pain, as well as loss of companionship.
Your lawyer will conduct research on your accident in the beginning stages of the case to determine the precise cause and extent of your injuries. Then, he will negotiate with the insurance company of the at-fault company. Your attorney will keep you up to date on any negotiations and significant developments throughout this process.
After negotiations are unsuccessful the lawyer will file an official complaint in court against defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, claims that there was wrongdoing, and seeks compensation. The complaint must be personally served, which means that it must be physically handed to the defendant. It usually takes about approximately a month. After service is completed, the defendant must "answer" the Complaint within a specific time, which is usually 30 days.
The answer will tell you if the defendant acknowledges the allegations in the Complaint or denies them. At this point your lawyer will submit medical records, documents and other evidence to back your case. The lawyer representing the defendant will submit an answer to these documents and the two parties will then engage in further discussions.
If the parties cannot come to an agreement, mediation or arbitration could be required before a trial can take place. However, a significant percentage of personal injury cases settle outside of court. After a settlement has been reached, your lawyer has to pay any companies that have lien on the money award out of a special escrow account before he or they can issue an official check.