How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. These cases often involve a person who is at fault (defendant) and an injured party, referred to as the plaintiff.
Your lawyer will review all of your medical records along with other documentation, in order to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in a personal injury claim, the court will award the plaintiff money to pay damages. These funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are also known as compensatory damages. There are two types: special and general. Special damages are those which can be listed and quantifiable for example, medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment of living, are more difficult to quantify.
Keep a journal in which you can record the way your injuries affected your life. This will increase your chance of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anxiety and how your injuries affect your ability to participate in activities you once took for granted.
In many personal injury lawsuits, there are multiple defendants. This is especially common when a business or an individual acts with the most blatant negligence, fraud and criminal motives. The court can also make punitive damages in order to discourage others from acting in a similar manner.
After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants are required to submit a response (also called an answer) within 30 days. Usually, the 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 when both parties will exchange relevant information and evidence, including depositions under the oath. 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's likely that you will lose your right to receive damages. That's why it's crucial to speak with an attorney who specializes in personal injury to discuss your case early even if you're not sure if the accident occurred within the timeframe.
A statute of limitation is a law of the state that sets a deadline for filing an action. In most states the statute of limitations runs on the date of the incident or accident that led to your injuries. The deadline for filing an injury lawsuit also depends on the party you are seeking to sue. If you intend to sue an entity of municipal government (such as city or county) the deadline will be much shorter.
In addition there are certain circumstances that could alter the statute of limitations in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations could begin when you realize or ought to have known that your injuries are the result of negligence. In some cases the statute of limitations can be tolled for minors.
If you submit a claim for injury after the statute of limitation has expired, your defendant will likely inform the court of this and ask that your case be dismissed. If this happens, the court will summarily dismiss your claim without hearing. This is why it's important to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a formal legal document filed by a plaintiff which alleges an actionable cause, and a demand for legal relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a set time period. A defendant is likely to decline to respond. If the defendant does not respond, a default judgment may be entered in favor of the petitioner.
Most personal injury claims are based on actual bodily harm. Physical injuries can be very expensive, and your attorney will ensure that you are compensated for any existing medical bills, as well as any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. You can also claim for any loss of quality of life that is caused by your injuries. This includes things like the inability to drive, sleep or walk normally. This type of damages is referred to as suffering and pain.
The court will call an initial conference once the complaint has been filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will then prepare an Bill of Particulars. This is a thorough account 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 also detail the possible emotional distress or disfigurement, loss of enjoyment of life and any other non-monetary damages you seek. If the case is deemed to be a probable cause, your case will be scheduled for a public hearing. If the complaint is dismissed as a result of a decision that there is no probable cause, or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff files a complaint with the court and sends the defendant a copy by registered or certified mail within a specific time. The defendant must respond, or else risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the damages and injuries you've suffered more fully. This could include photos of your injuries, medical expenses and lost wages. The document also contains details about the accident and how you think the defendant is responsible for the injury.
During the middle phase of a lawsuit, referred to as "discovery" the parties has the opportunity to ask questions and examine evidence provided by the opposing party. Your attorney will be important in this phase of negotiations because the representatives of the defendant want to have full information before making settlement offers.
Your lawyer can also ask that you undergo an examination by the doctor of their choice regarding the damages and injuries you're seeking. If you don't attend, the judge may dismiss your case, or demand that you pay the defendant for the cost of their examination.
After the discovery and inspection, attorneys on both sides can file a form called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is prepared for trial. The judge will then decide on a trial. During the trial, the jury will decide if the defendant was accountable for the accident and the injuries you sustained. If the defendant is at fault and the jury awards you damages. If Louisville injury attorneys is not responsible, the jury will deny your claim.
Trial
A personal injury claim involves a wide range of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed for physical injuries, such as pain and suffering and loss of companionship.
Your lawyer will conduct an investigation on your accident in the early stages of the case to determine the exact cause and the extent of your injuries. He or she will then negotiate with the insurance company of the party who is at fault. Your attorney will keep you informed and up to current on any negotiations and significant developments throughout this process.
After negotiations are unsuccessful, your lawyer will file a formal complaint in court against defendant. A complaint is the first official document in a civil suit that identifies the parties, details the incident, argues for wrongdoing, and requests compensation. The complaint must be personally served which means it must be physically handed to the defendant. It usually takes about approximately a month. After service is completed, the defendant must "answer" the Complaint within a specific time, which is usually 30 days.
The answer will reveal whether the defendant denies or accepts the allegations contained in the Complaint. During this stage your lawyer could submit medical records, documents as well as other evidence to prove your case. The defendant's lawyer will submit an answer to these documents, and the two sides will then engage in further discussions.
If the parties cannot reach an agreement, mediation or arbitration may be required before a trial can take place. A significant number of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies that have liens on the monetary settlement out of a separate account in escrow before he/ they can issue a check.