How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. The cases typically involve a person 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 damages. This will help them prepare and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in a personal injury case, the courts award them money to cover their losses. These funds may be awarded in a lump sum or paid over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are measurable costs that can be itemized like medical bills and lost earnings. General damages are more difficult to place a dollar value on, like the suffering and pain, and the loss of enjoyment.
Writing down how your injuries have affected you can help improve your chance of winning the most money for damages that are not economic. These include the effects on your relationships, your daily pain levels, and episodes of mental stress and how injuries affect your ability to take part in the activities 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 fraud, criminal intent or gross negligence. The court can also make punitive damages in order to discourage others from acting in a similar way.
After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants must provide a response (also called an answer) within 30 days. Typically, defendants not deny the allegations contained in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. Both parties will exchange information and evidence in this stage including depositions. This phase takes up the majority of the timeline for personal injuries.
Statute of limitations
If you file a lawsuit for injury after the statute of limitation expires, it is likely that you will lose your right to receive damages. This is why it's important to consult an attorney who specializes in personal injury to discuss your case early even if not sure if the incident happened within the deadline.
A statute of limitations is a law of the state that sets a deadline on the amount of time you can file an injury lawsuit. In most states the statute of limitations begins the date on which the accident or incident led to your injuries. The deadline to file a lawsuit for personal injuries is dependent on the person you're suing. For instance, if you would like to sue a local government agency (such as a city or county), the deadline is much shorter.
There are also certain situations which could change the time limit in your particular case. If you were exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation may begin when you discover or ought to have known that your injuries are the result of negligence. In certain cases the statute of limitations can be tolled for minors.
If you file a claim for injury after the statute of limitations has expired the defendant will likely inform the court about this and ask that your case be dismissed. If this occurs, the court will summarily dismiss your claim without a hearing. This is why it's crucial to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is a legal document filed by a person who declares a cause of action, and a demand for legal relief. The complaint should also specify what 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, a default judgment may be entered for the petitioner.
Personal injury claims are generally based on actual bodily harm. Your lawyer will ensure that you get paid for the medical bills you are currently paying and any future costs. These include things like medication as well as home care and physical therapy. You can also claim for any loss of quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is called pain and suffering.
The court will call a preliminary conference when the complaint has been filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. After the conference your lawyer will draft the Bill of Particulars. It will provide a full description of your injuries. It will include your losses including your current and future medical expenses loss of wages, as well as property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in your life and any other non-monetary damages that you're seeking. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable cause or because the court is not in jurisdiction, you may appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy by registered or certified mail within a certain time frame. The defendant has to respond or risk a default judgement against them. Your New York City personal injury attorney will submit a 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 regarding the accident and why you believe the defendant is responsible for the harm.
In the middle of a lawsuit, also known as "discovery", each party is given the chance to ask questions and review evidence held by the other party. Your lawyer will be crucial in this stage of negotiations since the representatives of the defendant want to have complete information before they make settlement offers.
Your lawyer can also ask that you are examined by a doctor they select in connection with the injuries or damages you're claiming. If you do not attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's examination costs.
After a discovery and inspection, attorneys from both sides can file a document 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 decide the trial date. During the trial the jury will decide if the defendant is accountable for the accident and the injuries you suffered. If the defendant is responsible the jury could award you damages. If the defendant isn't accountable and the jury denies your claim.
Trial
A personal injury claim involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents like car crashes and falls. In addition, lawsuits may also be filed for physical injuries, such as pain and suffering and loss of companionship.
Your lawyer will conduct a thorough investigation on the accident during the initial stages of the case to determine the precise nature and severity of your injuries. He or she will then engage with the insurance company of the party at fault. Your attorney will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process.
If negotiations fail the lawyer will file a formal complaint in court against the defendant. Lee's Summit injury lawsuits is the first official document in a civil suit that identifies the parties, describes the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. This usually takes around a month. After service has been completed and the defendant is required to "answer" the Complaint within a set time frame, which is typically 30 days.
The answer is whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. During this stage your lawyer will submit documents, medical records and other evidence to support your case. The defendant's attorney will respond to these documents and then the two sides will start discussions.
If the parties cannot reach an agreement, mediation or arbitration could be required prior to the trial can be held. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any businesses with liens on your monetary award from a specific money escrow before distributing a check.