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 at fault (defendant) and an injured party, referred to as the plaintiff.
Your attorney will examine your medical records and other documents to determine the extent of your injuries, expenses and 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 lawsuit, the court will award them money to pay for damages. The funds may be awarded in an amount in one lump sum or spread over a period of time, as part if a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are those that can be quantified that can be listed, such as medical bills and lost earnings. General damages are more difficult to put a dollar amount on, such as the suffering and pain, and the loss of enjoyment of life.
Keep a journal to document the way your injuries affected you. This increases your chances of receiving the most compensation for the non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis mental stress and your ability to perform things you used to take for granted.
In many personal injury cases, more than one defendants are at fault. This is most common when an individual or business acts with reckless negligence, fraud, and criminal intention. The court may also award punitive damage to discourage others from doing the same thing.
Once a lawsuit is filed the defendants will be served with a summons and complaint. They must respond which is also known as an answer, within 30 days. Typically, defendants deny the allegations made in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is the time when the parties exchange pertinent information and evidence, which includes depositions under the oath. This is where you will find the majority of the time in the timeline of a personal injury lawsuit.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations has expired, you will likely lose the right to claim damages. That's why it is important to talk to an attorney for personal injury about your case early on even if not sure if the incident occurred before the deadline.
A statute of limitations is a law of the state which sets a time frame on how long you have to file an injury lawsuit. In most states, the statute of limitations starts on the date of the accident or incident which caused your injuries. The time limit to file a lawsuit also depends on the party you are seeking to sue. For example, if you would like to sue a local government entity (such as a county or city) the deadline is much shorter.
There are other situations that could alter the statute of limitation in your case. For instance, if were exposed to harmful substances or a victim of medical negligence The statute of limitations may start when you discover or ought to have realized, that your injuries were caused by negligence. In certain cases minors are not subject to the statute of limitations.
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 lawsuit be dismissed. In this scenario, the court will dismiss your claim without a hearing. It is important to consult a personal injury lawyer immediately to discuss your case to determine if you have a legal claim.
Complaint
A complaint is an official legal document that is filed by a party that claims a cause of action and demands judicial relief. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. In general the case, a defendant will not respond to the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf.
Personal injury claims are generally founded on bodily injury. Physical injuries can be extremely costly, and your attorney will ensure that you are compensated for any existing medical bills as well as any anticipated future expenses. This includes things like medications, home care and physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. This includes things like the inability to drive, sleep or walk normally. This kind of injury is known as suffering and pain.
The court will schedule a preliminary conference when the complaint has been filed to schedule any mandatory physical or oral examinations, and also the production of any documents. Your lawyer will prepare a Bill of Particulars. It will provide a full description of your injuries. This will include your losses including future and present medical expenses, lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other damages that are not monetary that you seek. If the case is determined to have probable cause the case will be scheduled for public hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision.
Olathe injury attorneys starts with a summons. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant via registered or certified mail within a certain timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the injuries and damages suffered by you in more specific detail. This could include photos of your injuries, medical bills and lost wages. It also contains details about the incident and the manner in which the defendant is responsible for your injuries.
In the middle of a lawsuit referred to as "discovery," each party gets to ask questions and examine the evidence of the other party. The defendant's representatives will need to have complete information before making settlement offers, therefore your attorney will play an important role in negotiations during this time.
Your lawyer may also request that you are examined by a physician they select in relation to the injuries or damages you're seeking. If you don't attend, the judge could dismiss your case, or demand that you pay the defendant the costs of their examination.
Once discovery and inspection are completed, attorneys on each side can file a document known as a "Notice of Issue and Statement of Readiness for Trial." This informs the court that your case is ready to go to trial. The judge will then schedule the trial. During the trial, a jury will decide if the defendant is at fault for the accident and injuries. If the defendant is to blame, the jury may award you damages. If the defendant isn't liable then the jury will deny your claim.
Trial
A personal injury case involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries like the suffering of others and loss of companionship.
Your lawyer will conduct research on the accident during the early stages of the case to determine the precise cause and extent of your injuries. The lawyer will then discuss the matter with the insurance company of the party at the fault. Your lawyer will keep you up-to current on any negotiations and important developments throughout the process.
After negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A Complaint is the first official document in a civil suit that identifies the parties, describes the incident, claims that there was wrongdoing, and seeks compensation. The complaint must be served personally which means it must be handed over physically to the defendant. It typically takes approximately a month. After service is completed, the defendant must "answer" the Complaint within a set date, which is usually 30 days.
The answer will tell you if the defendant denies or accepts the allegations made in the Complaint. In this stage your lawyer will be able to provide medical records, documents and other evidence to support of your case. The lawyer representing the defendant will submit a response to these documents, and the two sides will then engage in further discussions.
If the parties are not able to reach a settlement and mediation or arbitration might be required prior to your case can go to trial. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any company that have liens on your award from a special account before distributing a check.