How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for losses or injuries. The cases typically involve a party who is at fault (defendant) and an injured party known as the plaintiff.
Your lawyer will go through your medical records and other documents to understand the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in an injury lawsuit, the courts award them money to cover their losses. These funds can be awarded as a lump sum or spread over a period of time or as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are the ones that can be quantified that can be itemized for medical expenses and lost earnings. General damages, like pain and discomfort and loss of enjoyment of life are more difficult to quantify.
Keep a diary to record the way your injuries affected you. This will increase your chance of receiving the maximum amount of compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anxiety and how injuries affect your ability to engage in activities that you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is most common when a business or person acts with criminal intent, fraud or gross negligence. The court may also give punitive damages to discourage others from committing the same way.
After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants must respond (also called an answering) within 30 days. Typically, defendants will deny the allegations made in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. This is where both parties will share relevant information and evidence, as well as depositions under the oath. This stage takes up the majority of the timeline for personal injuries.
Statute of limitations
If you make a claim for injury after the statute of limitation expires, it's likely that you'll lose the right to damages. It is essential to speak with a personal injury attorney as soon as you can even if you're not certain whether the incident occurred before the time frame.
A statute of limitation is a state law which provides a time frame for filing lawsuits. In most states, a statute of limitations begins the date on which the accident or incident led to your injuries. The time frame for filing a lawsuit for injury also depends on who you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as the city or county), the deadline will be much shorter.
There are certain circumstances which could change the time limit in your case. For instance, if were exposed to toxic substances or suffered medical negligence the statute of limitations could begin when you realize or ought to have discovered, that your injuries were caused by negligence. In certain cases the statute of limitations is extended for minors.
If you file a personal injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and request the dismissal of your lawsuit. If this occurs, the court could summarily dismiss your claim without a hearing. That's why it is important to talk with an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is a legal document filed by a person who alleges an action, and a demand for legal relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant must then respond within a specified timeframe. A defendant is likely to reject the claim. If the defendant does not respond to the claim, a default judgement may be granted in favor of the petitioner.
Personal injury claims are usually based on actual bodily harm. Your attorney will make sure that you receive compensation for medical bills currently incurred and any future expenses. These include things like medication or home care, as well as physical therapy. You may also be able to claim any loss in your quality of life that is caused by your injury. This includes things like being unable to walk, sleep or drive normally. This type of damages is referred to as suffering and pain.
The court will schedule a preliminary conference when the complaint has been filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. After Evansville will draft an Bill of Particulars. It is a thorough description of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in your life and any other damages that are not monetary that you seek. If your case is found to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision.
Summons
The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files a complaint with the court and sends the defendant a copy by certified or registered post within a specified time. The defendant has to respond, or they risk a default judgement against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in more specific detail. This may include photos of your injuries, medical expenses and lost wages. The document will also contain information about the incident and how you believe the defendant is accountable for the damage.
In the middle of a lawsuit, referred to as "discovery" the parties is given the chance to ask questions and review evidence presented by the other party. Your lawyer will be crucial in this phase of negotiations as the defendant's representatives 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 damages and injuries you're seeking. If you don't attend, the judge may dismiss your case or order that you pay the defendant their examination costs.
After the 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 prepared for trial. The judge will then decide on the trial. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is at fault and the jury awards you damages. If the defendant isn't liable and the jury decides to deny your claim.
Trial
A personal injury claim can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. A lawsuit could also be filed for physical injuries, such as pain and discomfort and loss of companionship.
In the initial stages of your case, your lawyer will research your accident to fully understand the cause of the incident and the extent of your losses. Then, he or she will work with the at-fault party's insurance company. Your lawyer will stay in contact with you regarding any significant developments and negotiations throughout the process.
After negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file an official complaint in the court against defendant. A Complaint is the initial official document in a civil lawsuit. It identifies the parties, describes the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. It usually takes about a month. After service is completed and the defendant is required to "answer" the Complaint within a specified time, which is usually 30 days.
The answer is whether the defendant acknowledges the allegations made in the Complaint or denies them. During this stage your lawyer will provide medical records, documents and other evidence to back your argument. The lawyer for the defendant will provide an answer to these documents and the two parties will then engage in further discussions.
If the parties are not able to come to an agreement, mediation or arbitration may be required before your case goes to trial. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any company with liens on your monetary award through a specialized account before distributing an actual check.