How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. In these cases the defendant is usually the person who is at fault. The plaintiff is typically the victim.
Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, costs and damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins a personal injury case the courts award them funds to pay for their damages. The money can be awarded as lump sums or spread over a time period, as part if a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be listed, such as medical bills and lost earnings. General damages are harder to quantify a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life.
Keeping a journal detailing the way your injuries have affected you your chance of winning the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to perform activities you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is particularly true when a business or an individual acts with the most blatant negligence, fraud and criminal intention. The court may also make punitive damages in order to discourage others from acting in the same way.
Once a lawsuit is filed, the defendants will receive a summons and complaint. The defendants will be required to respond (also known as an answering) within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will exchange information and evidence during this phase including depositions. This is where you will find the majority of the time in the timeline of personal injury lawsuits.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations runs out you could lose your right to recover damages. This is why it's important to consult an attorney who specializes in personal injury to discuss your case early even if you're not certain if the incident occurred within the timeframe.
A statute of limitations is a law in a state which sets a time frame on the amount of time you can file an injury lawsuit. In many states the statute of limitations begins on the date of the incident or accident that led to your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the person you're suing. For instance, if you are seeking to sue a municipal government entity (such as a city or county) the deadline is significantly shorter.
There are other situations that may change the statute of limitation in your case. If you were exposed to toxic substances or suffered from medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In certain cases, minors are exempt from the statute of limitations.
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. If this occurs, the court could summarily dismiss your claim without hearing. It is crucial to speak with an attorney who specializes in personal injury immediately to discuss your case to determine if you have a legal claim.
Complaint
A complaint is a formal legal document filed by a party who asserts a cause of action and seeks legal relief. The complaint must also specify the type of relief the plaintiff is seeking. The defendant is then required to respond within a specified timeframe. A defendant is likely to reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner.
Most personal injury claims involve actual bodily harm. Your lawyer will ensure that you receive compensation for medical bills currently incurred as well as any future expenses. This includes things like medications as well as home care and physical therapy. You may also be able to claim any loss in quality of life that is caused by your injury. This includes things like the inability to walk, sleep or drive normally. This kind of injury is called pain and suffering.
When a complaint is filed, 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 the Bill of Particulars. It is a comprehensive report of your injuries. It will include all the losses you have suffered, including the costs of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment in your life as well as any other damages not monetary you are seeking. 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 determination that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and a complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a specific timeframe. 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 more depth. It may include photographs of your injuries, medical bills, and lost wages. It may also include details of the accident and what the defendant is responsible for your harm.
In the middle of a lawsuit referred to as "discovery," each party is allowed to ask questions and look over evidence that is held by the other party. Your attorney is crucial in this stage of negotiations as the representatives of the defendant want to have complete information before they make settlement offers.
Your lawyer can also ask that you are examined by a doctor they choose in connection with the damages or injuries you're claiming. If you do not take part, the judge may dismiss your case or order that you pay the defendant for their examination costs.
After a discovery and inspection, attorneys from both sides can file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is prepared to go to trial. The judge will then schedule a 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 is not accountable, the jury will deny your claim.
Trial
A personal injury claim can result in a variety 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 can also be filed for non-physical injuries such as pain and discomfort and loss of companionship.
Your lawyer will conduct an investigation regarding your accident in the initial stages of the case to determine the exact nature and severity of your injuries. Then, he will work with the insurance company of the at-fault company. El Monte injury attorneys will stay in contact with you regarding any significant developments and discussions throughout the process.
Once negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. This usually takes one month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or admits the allegations in the Complaint. During this phase, your lawyer can provide medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents and the two parties will then engage in further discussions.
If the parties are not able to reach a settlement and mediation or arbitration might be required before your case is put to trial. However, a substantial portion of personal injury cases settle out of court. After a settlement has been reached, your lawyer has to pay any companies with liens on the monetary settlement through a specific escrow account before he or she will write you a check.