How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. The cases typically involve a party who is at fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will review all medical records, as well as other documentation, to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff is successful in a personal injury claim, the court gives the plaintiff money to pay damages. The funds may be awarded as lump sums or spread over a time period or as part of a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are costs that can be categorized and are measurable for example, medical expenses and lost wages. General damages, like discomfort and pain, as well as loss of enjoyment are more difficult to quantify.
Keep a journal in which you can record how your injuries impacted you. This will increase your chances of receiving the most compensation for noneconomic damages. These include the effects on your relationships, daily pain levels and bouts of mental stress, and how your injuries affect your ability to participate in activities that you used to take for taken for granted.
In many personal injury cases, more than one defendants are at fault. This is especially true when a person or business commits fraud, criminal intent and gross negligence. The court can also make punitive damages in order to discourage others from committing the same way.
The defendants are served with a summons with an accusation once the lawsuit has been filed. The defendants must respond (also called an answer) within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. Both parties will exchange information and evidence during this phase and may even conduct depositions. This is the majority of the personal injury timeline.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to claim damages. It is crucial to speak with an attorney for personal injuries whenever you can, even if you're not sure whether the accident occurred before the timeframe.
A statute of limitations is a law of the state that sets a deadline on the amount of time you have to make an injury lawsuit. In many states, the statute of limitations runs on the date of the incident or accident that caused your injuries. The time limit for filing a lawsuit for injury also depends on who you are suing. For instance, if would like to sue a local government entity (such as a county or city) the deadline is shorter.
Additionally there are certain circumstances that could alter the statute of limitations in your particular case. For example, if you were exposed to harmful substances or suffered medical negligence, the statute of limitations could begin when you discover or ought to have discovered, that your injuries were the result of negligence. In some cases the statute of limitations can be extended 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 ask for the case to be dismissed. In this scenario the court will decide to dismiss your claim in a hurry without a hearing. It is important to consult a personal injury lawyer as soon as possible to discuss your case and determine if you can make an official claim.
Complaint
A complaint is a legal formal document filed by a person who alleges a cause of action, and a demand for the judicial remedy. The complaint should also state the type of relief the plaintiff seeks. The defendant must then respond within a set time period. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor.
Personal injury claims are generally caused by bodily injury. Your lawyer will ensure that you receive compensation for medical bills currently incurred and any future expenses. This includes things like medications or home care, as well as physical therapy. You can also claim any loss in quality of life resulted from your injury. This includes the inability to walk, drive or sleep normally. This type of damage is called pain and suffering.
If a complaint is filed and the court is notified, they will convene a preliminary conference to plan obligatory oral and physical examinations, as well as any document production. Following the conference your lawyer will draft an Bill of Particulars. It is a thorough description of your injuries. It will include your losses including your current and future medical expenses as well as lost wages and property damage. Your lawyer will also describe the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that you're seeking. If your case is found to be a probable cause you will be scheduled for an open hearing. If your complaint is rejected due to a finding of no probable cause or because the court lacks jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process begins with a summons and complaint. The plaintiff files a complaint with the court and sends the defendant a copy by certified or registered post within a certain time frame. The defendant has to respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the injuries and damages suffered by you in greater detail. It could include photographs of your injuries, medical bills and lost wages. The document also includes information about the accident and how you think the defendant is responsible for the injury.
In the middle of a lawsuit, also known as "discovery" in which each party is able to ask questions and review evidence provided by the opposing party. Your attorney is crucial in this phase of negotiations as the representatives of the defendants want complete information before they make settlement offers.
Your lawyer may also request to have you examined by any doctor they choose in relation to the injuries and damages you're claiming. If you fail to attend, the judge may dismiss your case, or demand that you pay the defendant their examination costs.
After a discovery and inspection, attorneys from both sides may file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is ready to go to trial. The judge will then set a trial date. During Cranston injury lawyers You Tube , the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is at fault the jury could award you damages. If the defendant is not liable, the jury will reject your claim.
Trial
Personal injury lawsuits can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm from accidents like car crashes and falls. A lawsuit could also be filed for physical injuries, such as discomfort and pain and loss of companionship.
In the initial stages of your case the lawyer will investigate your accident to fully understand the cause of the incident and the extent of your injuries. Then, he will work with the insurance company. Your attorney will keep you informed and up to the minute on any negotiations or significant developments during this process.
If negotiations fail and your lawyer has to submit a formal complaint to court against the defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing, and seeks compensation. The complaint must be served personally and must be physically handed to the defendant. It typically takes one month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this phase your lawyer could submit documents, medical records as well as other evidence to prove your case. The attorney representing the defendant will then reply to these documents and then the two sides will begin negotiations.
If the parties can't reach an agreement, then mediation or arbitration could be required prior to trial can begin. However, a significant percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer must pay any companies that have liens on the monetary settlement through a specific account for escrow before he or she will write you an official check.