How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. These lawsuits typically involve a party who is at the fault (defendant) and an injured party known as the plaintiff.
Your lawyer will review all medical records and other documentation, in order to determine the totality and cost of your injuries and the damages. This will assist them in preparing 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. The funds may be awarded as a lump sum or spread out over a period of time in a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are costs which can be listed 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 diary to record how your injuries affected you. This increases your chances of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, pain levels throughout the day as well as mental anxiety and your ability to complete things you once took for granted.
In many personal injury lawsuits there are multiple defendants. This is most common when a business or individual commits fraud, criminal intent, and gross negligence. The court can also make punitive damages in order to discourage others from acting in the same way.
Once a lawsuit is filed the defendants will be served with a summons and complaint. The defendants must respond (also called an answer) within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer has been filed, the case enters the phase of fact-finding, also known as discovery. This is when both parties will exchange relevant information and evidence, which includes taking depositions under an oath. This is the stage that accounts for the majority of time in the timeline of a personal injury lawsuit.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires the statute of limitations will expire and you'll likely lose the right to claim damages. This is why it's important to consult an attorney who specializes in personal injury to discuss your case as early as possible even if you're not sure if the incident occurred before the deadline.
A statute of limitations is a law in a state which sets a time frame on the time you have to file an injury lawsuit. In the majority of states, the statute of limitations begins at the time of the incident or accident which caused your injuries. The deadline to file a lawsuit for personal injury also varies depending on the individual you are seeking to sue. If you are suing an entity that is a part of the municipal government (such as the city or county), the deadline is shorter.
Additionally there are certain circumstances that could alter the statute of limitations in your case. For instance, if you were exposed to toxic substances or suffered medical malpractice The statute of limitations could begin when you realize or should have realized that your injuries were the result of negligence. In some cases minors are not subject to the statute of limitation.
If you file an injury claim after the time limit has expired, the defendant will most likely inform the court and ask for the dismissal of your lawsuit. In this case, the court will dismiss your claim without hearing. That's why it is important to consult 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 formal document filed by a plaintiff that declares an actionable cause and demands judicial relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specific time frame. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered for the petitioner.
Personal injury claims are usually caused by bodily injury. Your attorney will make sure that you get paid for the medical bills you are currently paying and any future costs. This includes things like medications as well as home care and physical therapy. You may also be able to claim any loss in your quality of life resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of damage is referred to as suffering and pain.
When a complaint is made when a complaint is filed, the court will hold a preliminary conference to schedule obligatory oral and physical examinations as well as any document production. After the conference your lawyer will draft the Bill of Particulars. It is a comprehensive report of your injuries. It will include all of your losses, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will also detail the possible emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you're seeking. If the case is deemed to be probable cause the case will be scheduled for a public hearing. If your complaint is dismissed due to a finding of no probable reason or because the court lacks authority, you can appeal the decision.
Greensboro injury attorneys begins with the issue of a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy of the complaint via certified or registered post within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. It could include photos of your injuries, medical bills, and lost wages. The document will also contain information about the accident and how you believe the defendant is responsible for the injury.
During the middle phase of a lawsuit, called "discovery" the parties is able to ask questions and look over evidence provided by the opposing party. Your attorney is crucial during this stage of negotiations because the representatives of the defendant want to have complete information before they make settlement offers.
Your lawyer can also request that you are examined by a physician they select in connection with the damages or injuries you're claiming. If you do not show up, the court may dismiss your case. Or order that you pay for the defendant's exam costs.
After the discovery and inspection, attorneys from both sides may file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is prepared to go to trial. The judge will then set an appointment date for the trial. During the trial, the jury will decide if the defendant was accountable for the accident and the injuries you suffered. If the defendant is accountable and the jury awards you damages. If the defendant isn't accountable and the jury decides to deny your claim.
Trial
A personal injury case encompasses a range of injuries, including 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 non-physical injuries such as discomfort and pain and loss of companionship.
In the beginning of your case your lawyer will conduct a thorough investigation of your accident to fully understand what happened and the magnitude of your injuries. The lawyer will then engage with the insurance company of the party at the fault. Your attorney will keep you up to the minute on any negotiations or important developments throughout the process.
If negotiations fail the lawyer will submit a formal complaint to court against the defendant. A Complaint, the first official document in a civil suit, lists all parties, describes the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be served personally which means it must be delivered physically to the defendant. This usually takes a month. Once service is complete and the defendant is required to "answer" the Complaint within a specific date, which is usually 30 days.
The answer will tell you if the defendant denies or acknowledges the allegations made in the Complaint. During this stage your lawyer could submit documents, medical records and other evidence to support your argument. 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 before trial can begin. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any companies that have lien on your monetary award through a specialized account before distributing an actual check.