How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These lawsuits typically involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff.
Your attorney will review your medical records and other documents to understand the full extent of your injuries, expenses and damages. This will assist them in preparing and negotiate with the insurance company for you.
Damages
If a plaintiff prevails in a personal injury case the court will award the plaintiff money to pay damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are the ones that can be quantified that can be itemized, such as medical bills and lost earnings. General damages are difficult to place a dollar value on, like pain and suffering and loss of enjoyment.
Keep a diary to record how your injuries affected you. This increases your chances of receiving the maximum amount of compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels, and episodes of mental stress and how injuries affect your ability to take part in the activities you used to take for granted.
In many personal injury lawsuits there are multiple defendants. This is especially common when a business or an individual is guilty of gross negligence, fraud, and criminal intent. The court can also make punitive damages in order to discourage others from acting in the same way.
Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants will be required to respond (also called an answering) within 30 days. Usually, defendants deny the allegations in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. This is where both parties will exchange relevant information and evidence, as well as depositions under oath. This stage accounts for the majority of time in the timeline of a personal injury lawsuit.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations runs out the statute of limitations will expire and you'll likely 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 on even if you're not sure if the incident occurred before the deadline.
A statute of limitations is a law of the state that establishes a deadline for filing an action. In the majority of states the statute of limitations starts on the date of the incident or incident led to your injuries. The time frame for filing an injury lawsuit also depends on who you are suing. If you are suing an entity of municipal government (such as city or county) the deadline will be much shorter.
There are other situations that could alter the statute of limitation in your particular case. For instance, if you were exposed to harmful substances or a victim of medical negligence the time limit may begin when you realize, or reasonably should have discovered, that your injuries were the result of negligence. In certain instances, minors are exempt from the statute of limitation.
If you file an injury claim after the time limit has expired the defendant will most likely point this out to the court and request your lawsuit to be dismissed. If this occurs, the court will dismiss your claim on the spot without hearing. It is important to consult an attorney for personal injuries as soon as possible to discuss your case and determine if you can make a legal claim.
Complaint
A complaint is a legal document filed by a plaintiff that declares an actionable cause, and a demand for judicial relief. The complaint should also state the type of compensation that the plaintiff seeks. The defendant must then respond within a set time period. In general the case, a defendant will not respond to the claim. If the defendant does not respond, a default judgment may be entered in favor of the petitioner.
Personal injury claims are typically founded on bodily injury. Your lawyer will ensure that you are compensated both for medical bills currently incurred and any future expenses. These include things like medication as well as home care and physical therapy. In addition, you can claim for any loss of quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is known as pain and suffering.
The court will set up the preliminary conference after the complaint has been filed. The court will schedule any mandatory oral or physical examinations, and also the production of any documents. Following the conference your lawyer will draft an Bill of Particulars. This is a thorough report of your injuries. It will include all your losses including the cost of your current and anticipated 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 non-monetary damages that you're seeking. If your case is deemed to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court does not have jurisdiction, you may appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff submits a complaint to the court and sends the defendant a copy by registered or certified mail within a specific time. The defendant has to respond or risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It may include photographs of your injuries, medical bills and lost wages. The document also contains details regarding the accident and why you believe the defendant is accountable for the injury.
During the middle part of a lawsuit, also known as "discovery," each party has the opportunity to ask questions and inspect the evidence of the other party. Your lawyer will be crucial in this stage of negotiations because the representatives of the defendant want to have complete information prior to making settlement offers.
Your lawyer can also ask that you are examined by a doctor they choose in relation to the damages or injuries you're claiming. If you fail to attend, the judge could dismiss your case or order that you pay the defendant for the cost of their examination.
After the discovery and inspection process is completed, lawyers on each side can submit a document referred to as an "Notice of Issue" and a "Statement of Readyness for Trial." This informs the court that your case is ready to go to trial. The judge will then set the trial date. During the trial, a jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't at fault, the jury will reject your claim.
Trial
A personal injury claim encompasses a range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. Phoenix injury lawsuits may also be filed for non-physical injuries like discomfort and pain, as well as loss of companionship.
In the early stages of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your injuries. The lawyer will then engage with the insurance company of the party at fault. Your attorney will keep in touch with you on any significant developments and will also negotiate throughout the process.
After negotiations are unsuccessful and your lawyer is unable to resolve the issue, he will file a formal complaint in a court against the defendant. A Complaint, the first official document filed in a civil suit, identifies all parties, outlines the incident and lays out allegations of wrongdoing. It also requests compensation. The complaint must be personally served which means it must be delivered physically to the defendant. It usually takes about approximately a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. During this stage your lawyer will submit medical records, documents and other evidence to support your case. The attorney representing the defendant will respond to these documents, and then the two sides will start discussions.
If the parties cannot reach an agreement, then mediation or arbitration could be required prior to trial can begin. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award through a specialized account before distributing a check.