How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of 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 examine your medical records and other documentation to determine the extent of your injuries, expenses and damages. This will help them prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins in a personal injury claim the court gives them money to pay for damages. The money can be awarded as an amount in one lump sum or spread out over a time period or as part of the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are expenses which can be listed and quantifiable, such as medical expenses and lost wages. General damages are difficult to put a dollar amount on, like the suffering and pain, and the loss of enjoyment of life.
Keep a diary to record how your injuries impacted your life. This will increase your chance of receiving maximum compensation for the non-economic damages. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to complete things you once took for granted.
In a lot of personal injury cases, more than one defendants are responsible. This is especially true when a person or business is guilty of fraud, criminal intent and gross negligence. The court may also award punitive damages to discourage others from doing the same thing.
When a lawsuit is filed the defendants will be served with a summons and complaint. They must file a response, also known as an answer, within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. This is when the parties exchange pertinent information and evidence, as well as depositions under oath. This stage accounts for the majority of the time in the timeline of a personal injury lawsuit.
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 your right to recover damages. That's why it is important to speak with an attorney who specializes in personal injury to discuss your case early on even if you're not certain if the incident happened within the deadline.
A statute of limitations is a law of the state which sets a time frame on the amount of time you have to bring a lawsuit for injury. In many states the statute of limitations begins on the date that the accident or incident caused your injuries. The time limit for filing a lawsuit for injury also depends on who you are suing. If you intend to sue an entity of municipal government (such as city or county) the deadline is shorter.
There are certain circumstances which could change the time limit in your situation. For instance, if you were exposed to harmful substances or suffered medical malpractice the statute of limitations may start when you realize, or reasonably should have realized that your injuries were the result of negligence. In some cases, minors are exempt from the statute of limitations.
If you file a claim for injury after the statute of limitations has expired, your defendant will likely tell the court about this and ask that your lawsuit be dismissed. If this occurs, the court could dismiss your claim on the spot without hearing. It is essential to contact a personal injury lawyer as soon as possible to discuss your case and determine if you have an official claim.
Complaint
A complaint is a formal legal document that is filed by a person who asserts a cause of action and seeks judicial relief. The complaint must also specify the type of relief the plaintiff seeks. The defendant must then respond within a specific timeframe. A defendant will usually reject 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 attorney will ensure that you get paid for the medical bills you are currently paying and any future expenses. These costs include medical expenses or home care as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things like the inability to walk, drive, or sleep normally. This type of damage is called pain and suffering.
The court will call the preliminary conference after the complaint has been filed. This will be used to schedule any required physical or oral examinations, and also the production of any documents. After the conference, your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses which include the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment, as well as any other damages that are not monetary that you're seeking. If the case is deemed to have probable cause the case will be scheduled for a public hearing. If your complaint is dismissed due to a finding of no probable cause or because the court lacks authority, you can appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and a complaint. The plaintiff submits a complaint to the court and sends the defendant a copy via certified or registered post within a specific time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which describes the damages and injuries you've suffered more fully. This may include photos of your injuries, medical expenses and lost wages. The document also contains details about the accident and how you believe the defendant is accountable for the damage.
In the middle of a lawsuit, also known as "discovery," each party gets to ask questions and examine evidence held by the other party. Your lawyer will be crucial in this phase of negotiations as the defendant's representatives want full information before making settlement offers.
Your lawyer can also request to have you examined by a physician they select in relation to the damages or injuries you're claiming. If you fail to attend, the judge may dismiss your case or order that you pay the defendant for their examination costs.
After a discovery and inspection, attorneys on both sides can file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is ready for trial. The judge will then set the date for the trial. During the trial, a jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is at fault, the jury may award you damages. If the defendant isn't accountable then the jury will deny your claim.
Trial
A personal injury claim involves a wide range of injuries that include wrongful death, 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, as well as loss of companionship.
Your lawyer will conduct a thorough investigation regarding your accident in the early stages of the case to determine the precise cause and extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your attorney will stay in touch with you on any significant developments and negotiations throughout the process.
After negotiations are unsuccessful, your lawyer will file a formal complaint in a court against the defendant. A complaint, the first official document filed in a civil suit, lists all parties, outlines the incident and lays out allegations of wrongdoing. Medford injury lawyer seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. This usually takes one month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer is whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. In this stage your lawyer may submit medical records, documents, and other evidence in support of your case. The lawyer for the defendant will provide a response to these documents, and the two sides will engage in further negotiations.
If the parties are unable to reach an agreement, mediation or arbitration could be required before the trial can be held. However, a significant percentage of personal injury cases are settled out of court. When a settlement is reached, your lawyer has to pay any companies that have liens on the monetary settlement out of a separate escrow account before he or will issue you an official check.