How Personal Injury Lawsuits Work

A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These lawsuits typically involve a person who is at the fault (defendant) and an injured party known as the plaintiff.

Your lawyer will go through all of your medical records along with other documents, to determine the totality and cost of your injuries and damage. This will allow them to prepare 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 money can be awarded in an amount in one lump sum or spread over a time period, as part if an agreed settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are expenses that can be itemized and are measurable, such as medical expenses and lost wages. General damages are more difficult to put a dollar amount on, like suffering and suffering, as well as loss of enjoyment.

Keep a journal in which you can record the way your injuries affected you. This increases your chances of receiving the most compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anxiety, and how your injuries affect your ability to participate in the activities you used to take for granted.

In a majority of personal injury cases, more than one defendants are at fault. This is especially true when a business or individual commits fraud, criminal intent and gross negligence. The court can also award punitive damages to deter others from acting in the same manner.

The defendants will receive a summons along with an accusation once a lawsuit is filed. They will then be required to file a response, also known as an answer within 30 days. Typically, the defendants will not deny the allegations contained in the complaint. After the answer is filed the case will move to the process of fact-finding, also known as discovery. The parties will share information and evidence in this stage including depositions. This is the stage that accounts for the majority of the time in the timeline of a personal injury lawsuit.

Statute of limitations

If you make a claim for injury after the statute of limitation expires, it is likely that you'll lose the right to damages. This is why it's important to talk to an attorney who specializes in personal injury to discuss your case early even if not certain if the incident occurred within the timeframe.

A statute of limitations is a law in a state that sets a deadline on the time you can make an injury lawsuit. In the majority of states the statute of limitations starts at the time of the accident or incident which caused your injuries. The deadline to file a personal injury lawsuit is dependent on the individual you are seeking to sue. For example, if you would like to sue a local government agency (such as a county or city), the deadline is significantly shorter.

Additionally there are certain circumstances that can change the statute of limitations in your particular case. For example, if you were exposed to harmful substances or a victim of medical malpractice, the statute of limitations may start when you discover, or reasonably should have discovered, that your injuries were caused by negligence. In certain cases minors are exempt from the statute of limitations.

If you make a claim for injury after the statute of limitation has expired the defendant will likely inform the court of this and request to dismiss your claim. If this occurs, the court will dismiss your claim on the spot without hearing. This is why it's crucial to talk with an experienced personal injury lawyer as soon as possible to discuss your case and determine whether you have a legitimate legal claim.

Complaint

A complaint is a formal legal document filed by a person who asserts a cause of action and seeks the judicial remedy. The complaint must also specify the kind of compensation the plaintiff seeks. The defendant is then required to respond within a specific time period. In general the case, a defendant will reject the claim. If the defendant fails to respond to the claim, a default judgement may be granted for the petitioner.

Personal injury claims are usually based on actual bodily harm. Your lawyer will ensure that you receive compensation for the medical bills you are currently paying as well as any future expenses. These costs include medical expenses as well as home care and physical therapy. In addition, you can claim for any loss of quality of life caused by your injuries. This includes things like being unable to drive, sleep or walk normally. This kind of injury is referred to as pain and suffering.

The court will set up an initial conference once the complaint is filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. Your lawyer will then prepare the Bill of Particulars. This is a thorough report of your injuries. This will include the losses you have suffered including your future and current medical costs loss of wages, as well as property damage. Your lawyer will also detail the alleged emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you're seeking. If your case is found to be probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a finding of no probable reason or because the court does not have authority, you can appeal the decision.

Summons

The formal lawsuit starts with a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a specified timeframe. The defendant has to respond or risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. This could include photos of your injuries, medical expenses and lost wages. It may also include details of the accident and how the defendant is accountable for your harm.

In the middle of a lawsuit, called “discovery”, each party is able to ask questions and review evidence presented by the opposing party. The representatives of the defendant will want to have complete information before making settlement offers, and your attorney will play an important role in negotiations during this stage.

Your lawyer can also ask that you undergo an examination by the doctor of their choice in relation to the injuries and damages you're seeking. If you don't attend, the judge may dismiss your case or require that you pay the defendant for the cost of their examination.

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 decide a trial date. During the trial the jury will decide if the defendant is responsible for the accident and the injuries you sustained. If the defendant is responsible and the jury awards you damages. If the defendant isn't accountable, the jury will deny your claim.

Trial

A personal injury claim involves a wide range of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. A lawsuit can also be filed for non-physical injuries, such as discomfort and pain and loss of companionship.

Your lawyer will conduct a thorough investigation on your accident in the early stages of the investigation to determine the exact cause and the extent of your injuries. The lawyer will then engage with the insurance company of the party who is at fault. You Tube will keep you up to current on any negotiations and important developments throughout the process.

Once negotiations have failed, your lawyer will file a formal complaint in the court against the defendant. A complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, alleges wrongdoing and demands compensation. The complaint must be personally served and must be physically handed to the defendant. It typically takes a month. After service is completed and the defendant is required to “answer” the Complaint within a set time frame, which is typically 30 days.

The answer will explain whether the defendant denies or acknowledges the allegations contained in the Complaint. At this point your lawyer could submit medical records, documents as well as other evidence to prove your case. The lawyer representing the defendant will submit an answer to these documents and the two parties will then engage in further discussions.

If the parties can't come to an agreement, mediation or arbitration may be required before the trial can be held. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any businesses with liens on your monetary award from a special escrow fund before issuing you the check.