How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these cases the defendant is usually the one responsible for the incident. The plaintiff is typically the party who is injured.
Your attorney will review your medical records and other documentation 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
When a plaintiff wins in a personal injury claim, the judge will award them money to pay for damages. These funds may be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized, such as medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of living, are more difficult to quantify.
Keep a journal to document how your injuries impacted your life. This will increase your chances of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to complete things you once took for granted.
In many personal injury lawsuits, there are multiple defendants. This is most common when a business or an individual acts with reckless negligence, fraud, and criminal motives. The court can also make punitive damages in order to discourage others from committing the same way.
When a lawsuit is filed the defendants will be served with a summons and complaint. They are then required to file a response, also known as an answer within 30 days. Typically, Palmdale injury attorney not deny the allegations contained in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. Both parties will exchange information and evidence during this phase, including taking depositions. This stage accounts for the majority of the time in a personal injury lawsuit timeline.
Statute of limitations
If you make a claim for injury after the statute of limitation expires, it is likely that you'll lose your right to receive damages. It is crucial to speak with a personal injury attorney whenever you can even if you're not sure whether the accident occurred before the deadline.
A statute of limitations is a law of the state which sets a time frame on the amount of time you must make an injury lawsuit. In most states, a statute of limitations begins on the date on which the accident or incident caused your injuries. The deadline for filing a lawsuit for personal injury is dependent on the individual you are suing. If you want to sue an entity of municipal government (such as the city or county) the deadline is shorter.
There are also certain situations that may change the time limit in your case. If you were exposed toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize or reasonably ought to have realized that your injuries are the result of negligence. In certain cases, minors are exempt from the statute of limitation.
If you file a personal injury claim after the time limit has expired the defendant will likely to inform the court and ask for the case to be dismissed. In this instance the court will dismiss your claim summarily without a hearing. It is essential to contact an attorney for personal injuries as soon as possible to discuss your case to determine if you are eligible to file a legal claim.
Complaint
A complaint is a formal legal document filed by a plaintiff that alleges an actionable cause and demands legal relief. The complaint must also specify the type of relief the plaintiff seeks. The defendant is then obliged to respond within a specific timeframe. In general the case, a defendant will deny the claim. If the defendant does not respond, a default judgment could be entered in the petitioner's favor.
In most cases, personal injury claims can result in bodily harm. Your attorney will ensure that you receive compensation for medical bills currently incurred and any future costs. This includes things like medications as well as home care and physical therapy. You can also claim compensation for any loss in quality of life that is caused by your injuries. This includes things like being unable to walk, drive, or sleep normally. This type of damages is known as pain and suffering.
The court will call the preliminary conference after the complaint has been filed to schedule any mandatory oral or physical examinations, and also the production of any documents. Your lawyer will then draft a Bill of Particulars. This is a detailed description of your injuries. This will include your losses including your current and future medical costs as well as lost wages and property damage. Your lawyer will also describe the alleged emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you are seeking. If your case is found to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed because of a determination that there is no probable cause, or because the court doesn't have 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 via certified or registered mail within a certain time frame. The defendant has to 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 damages and injuries sustained by you in greater depth. This may include photos of your injuries, medical expenses and lost wages. The document also contains details regarding the accident and why you think the defendant is accountable for the damage.
During the middle phase of a lawsuit, referred to as "discovery", each party is given the chance to ask questions and look over evidence presented by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, so your attorney will play an important role in negotiations during this phase.
Your lawyer can also request to have you examined by a physician they select in relation to the injuries or damages you're seeking. If you fail to attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs.
After the discovery and inspection process is completed, the lawyers on both sides may file something called the "Notice of Issue" and a "Statement of Readiness for Trial." This informs the court that your case is prepared to go to trial. The judge will then schedule a trial. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you sustained. If the defendant is responsible, the jury will award you damages. If the defendant is not responsible then the jury will dismiss your claim.
Trial
Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury from accidents like car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries like suffering and pain, as well as 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. Then, he or she will negotiate with the at-fault party's insurance company. Your attorney will keep in contact with you regarding any significant developments and negotiations throughout the process.
After negotiations have failed, your lawyer will file a formal complaint in court against the defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, alleges wrongdoing, and seeks compensation. The complaint must be personally served and must be handed over physically to the defendant. It usually takes about one month. After service has been completed the defendant has to "answer" the Complaint within a specific time, which is usually 30 days.
The answer will tell you if the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. In this phase your lawyer will submit documents, medical records as well as other evidence to prove your argument. The lawyer representing the defendant will submit a response to these documents, and the two sides will engage in further negotiations.
If the parties are unable to come to an agreement, mediation or arbitration could 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 through a specialized money escrow before distributing the check.