How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. These cases often involve a party who is at the fault (defendant) and an injured party known as the plaintiff.
Your attorney will review your medical records and other documents to assess the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins in a personal injury case the judge gives the plaintiff a sum of money to cover damages. The funds may be awarded in a lump sum or spread out over a time period, as part if the settlement is structured. These funds are referred to as compensatory damages. There are two kinds: 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, like discomfort and pain, and loss of enjoyment of life, are more difficult to quantify.
Keeping a journal detailing how your injuries have affected you can help improve the odds of obtaining maximum compensation for non-economic damages. This includes the effect on your relationships, daily pain levels, mental anguish and your ability to complete things you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or person is guilty of criminal intent, fraud or gross negligence. The court can also give punitive damages to discourage others from acting in a similar way.
After a lawsuit has been filed the defendants will be served with a summons and complaint. They must submit a response, also known as an answer, within 30 days. Usually, the defendants deny the allegations made in the complaint. Once the answer is filed and the case is referred to as a fact-finding stage known as discovery. The parties will exchange information and evidence in this stage including depositions. This is the stage that accounts for the majority of time in the timeline of personal injury lawsuits.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations has expired, you will likely lose your right to recover damages. That's why it is important to speak with an attorney for personal injury about your case early even if you're not certain if the incident occurred within the timeframe.
A statute of limitations is a law of the state that provides a time frame for filing a lawsuit. In the majority of states the statute of limitations begins the date that the accident or incident caused your injuries. The time limit to file a lawsuit is dependent on the person you are suing. For instance, if you would like to sue a local government entity (such as a city or county) the deadline is shorter.
There are other situations that may change the time limit in your situation. For instance, if were exposed to harmful substances or a victim of medical negligence, the time limit may begin when you discover or should have realized that your injuries were caused by negligence. In certain cases minors are exempt from the statute of limitations.
If you submit a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and request that your lawsuit be dismissed. If this occurs, the court will summarily dismiss your claim without hearing. That's why it is important to consult an experienced personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a legal document filed by a plaintiff which declares an actionable cause and demands the judicial remedy. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant must then respond within a specific time period. A defendant is likely to deny the claim. If the defendant fails to respond to the claim, a default judgement may be entered in favor of the petitioner.
Personal injury claims are usually caused by bodily injury. Physical injuries can be extremely expensive, and your lawyer will work to ensure you receive compensation for any current medical bills and any anticipated future expenses. This includes things like medications or home care, as well as physical therapy. You can also claim any loss in your quality of life that is caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is known as pain and suffering.
When a complaint is filed when a complaint is filed, the court will hold a preliminary conference to schedule mandatory physical and oral examinations, as well as any document production. Your lawyer will prepare an Bill of Particulars. It is a comprehensive report of your injuries. It will include all your losses which include the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you are seeking. If your case is deemed to be probable cause you will be scheduled for an open hearing. If Vacaville injury attorneys is dismissed due to a finding of no probable reason or because the court lacks jurisdiction, you can appeal the decision.
Summons
The formal lawsuit begins with the issue of a summons. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant by registered or certified mail within a specified timeframe. The defendant must respond, or else risk a default judgement 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 specific detail. This could include photos of your injuries, medical expenses and lost wages. It also includes details of the accident and how the defendant is responsible for your injuries.
During the middle phase of a lawsuit, referred to as "discovery", each party is able to ask questions and examine evidence presented by the other party. The defendant's representatives will need to have all the facts before making settlement offers, so your attorney plays a significant role in negotiations during this stage.
Your lawyer may also request that you undergo an examination by the doctor of their choice in relation to the damages and injuries you're seeking. If you fail to attend, the judge could dismiss your case or require that you pay the defendant the cost of their examination.
After a discovery and inspection, attorneys from both sides can file a form called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is ready for trial. The judge will then set a trial date. During the trial the jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is liable and the jury awards you damages. If the defendant is not at fault, the jury will reject 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 injuries that are not physical, such as pain and discomfort and loss of companionship.
Your lawyer will conduct a thorough investigation on your accident in the initial stages of the investigation to determine the exact cause and extent of your injuries. Then, he will work with the insurance company. Your attorney will stay in touch with you on any significant developments and negotiations throughout the process.
If negotiations fail 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 of civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to the defendant. It typically takes a month. After service is completed the defendant has to "answer" the Complaint within a set time, which is usually 30 days.
The answer is whether the defendant admits to the allegations in the Complaint or denies them. During this stage your lawyer will submit documents, medical records and other evidence to support your argument. The defendant's attorney will respond to these documents, and then the two sides will start negotiations.
If the parties are unable to reach an agreement, mediation or arbitration may be required prior to your case is put to trial. A significant portion of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any companies that have lien on the money settlement through a specific account for escrow before he or they can issue a check.