How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These cases often involve a person who is at the fault (defendant) and an injured party referred to as the plaintiff.
Your lawyer will review your medical records along with other documents, to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury case the courts award them funds to pay for their damages. These funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be itemized, such as medical bills and lost earnings. General damages are more difficult to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment of life.
Keep a journal to document how your injuries affected your life. This will increase your chances of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, pain levels throughout the day, mental anguish and your ability to perform activities you used to take 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 give punitive damages to discourage others from acting in the same manner.
When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants must respond (also called an answer) within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed, the case enters an investigation known as discovery. The parties will share information and evidence during this phase including depositions. This stage takes up the majority of the personal injury timeline.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations runs out, you will likely lose the right to collect damages. That's why it is important to consult an attorney for personal injury about your case early on even if you're not certain if the incident happened within the deadline.
A statute of limitations is a law in a state that provides a time frame for filing a lawsuit. In the majority of states, a statute of limitations starts on the date of the incident or incident caused your injuries. The time frame for filing a lawsuit for injury also depends on the party you are suing. For instance, if want to sue a municipal government agency (such as a city or county) the deadline is significantly shorter.
In addition there are certain circumstances which could change the statute of limitations in your particular case. For instance, if were exposed to harmful substances or a victim of medical malpractice, the time limit may begin when you discover, or reasonably should have realized, that your injuries were caused by negligence. In certain cases minors are exempt from the statute of limitation.
If you submit a claim for injury after the statute of limitation has expired the defendant will likely inform the court of this and ask to dismiss your claim. In this scenario the court will decide to dismiss your claim in a hurry without a hearing. It is important to consult a personal injury lawyer as soon as possible to discuss your case and determine if you are eligible to file a legal claim.
Complaint
A complaint is an official legal document that is filed by a person who asserts a cause of action and demands judicial relief. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specified timeframe. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond, default judgment can be granted to the petitioner's behalf.
Personal injury claims are generally founded on bodily injury. Your attorney will ensure that you are compensated both for medical bills currently incurred and any future costs. This includes things like medications as well as home care and physical therapy. You can also claim for any loss in your quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damages is known as pain and suffering.
When a complaint is filed when a complaint is filed, the court will hold a preliminary conference to set the date for obligatory oral and physical examinations as well as any document production. After the conference your lawyer will draft an Bill of Particulars. It is a comprehensive account of your injuries. It will include all your losses, 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 and any other damages not monetary you seek. If the case is determined to be a probable cause the case will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause, or because the court doesn't have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process begins with a summons as well as a complaint. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant through registered or certified mail within a certain time frame. The defendant must respond, or else risk a default judgement against them. Your New York City personal injury attorney will file an Bill of Particulars, which describes the damages and injuries you've sustained more fully. It could include photos of your injuries, medical bills and lost wages. Costa Mesa injury attorneys will also contain information regarding the accident and why you believe the defendant is responsible for the injury.
During the middle part of a lawsuit, also known as "discovery," each party gets to ask questions and inspect evidence that is held by the other party. The defendant's representatives will want to have complete information before making settlement offers, therefore your attorney will play a crucial role in negotiations during this stage.
Your lawyer can also ask to have you examined by a doctor they select in relation to the damages or injuries you're claiming. If you don't attend, the judge could dismiss your case or require that you pay the defendant their examination costs.
After the discovery and inspection, attorneys from both sides can file a form 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 schedule a trial. During the trial the jury will determine if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is to blame and the jury awards you damages. If the defendant is not liable and the jury decides to deny your claim.
Trial
A personal injury claim encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries like pain and suffering and 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 losses. He or she will then discuss the matter with the insurance company of the party at fault. Your lawyer will stay in contact with you regarding any significant developments and discussions throughout the process.
After negotiations don't work, your lawyer will file an official complaint in court against defendant. A complaint, the first official document in a civil suit, lists all parties, details 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 approximately a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will reveal whether the defendant denies or admits the allegations in the Complaint. At this point your lawyer could submit medical records, documents and other evidence to support your argument. 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 not able to reach an agreement and mediation or arbitration might be required prior to your case is put to trial. A significant number of personal injury cases are settled out of court. After a settlement has been reached, your lawyer has to pay any businesses that have lien on the award out of a special escrow account before he or will issue you an official check.