How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for losses or injuries. In these situations the defendant is typically the one at fault. The plaintiff is typically the party who is injured.
Your lawyer will review your medical records and other documentation, to determine the totality and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in an injury lawsuit the courts award them funds to pay for their damages. The money can be awarded in lump sums or spread out over a period of time in 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 like 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 diary to record the way your injuries affected your life. This increases your chances of receiving maximum compensation for any non-economic losses. These include the effects on your relationships, your daily pain levels, and episodes of mental stress and how your injuries affect your ability to participate in the activities you used to take for granted.
In many personal injury lawsuits there are many defendants. This is particularly true when an individual or business commits gross negligence, fraud, and criminal intent. The court can also award punitive damages to deter others from acting in the same manner.
Once a lawsuit is filed, the defendants will receive a summons and complaint. They will then be required to file a response, also known as an answer, within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer is filed, the case enters the phase of fact-finding, also known as discovery. This is the time when both parties will exchange relevant information and evidence, which includes taking depositions under the oath. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations expires you could lose the right to claim damages. This is why it's important to speak with an attorney who specializes in personal injury to discuss your case as early as possible even if not certain if the incident occurred within the timeframe.
A statute of limitations is a law of the state which sets a time frame on the time you must file an injury lawsuit. In most states, a statute of limitations begins on the date of the incident or incident caused your injuries. The deadline to file a personal injury lawsuit also varies depending on the person you're seeking to sue. For instance, if want to sue a municipal government entity (such as a county or city) the deadline is significantly shorter.
There are also certain situations which could change the statute of limitation in your particular case. For instance, if were exposed to toxic substances or suffered medical malpractice, the time limit may begin when you discover, or reasonably should have discovered, that your injuries were the result of negligence. In some cases minors are exempt from the statute of limitations.
If you file an injury claim after the time limit has expired, the defendant will most likely to inform the court and request the dismissal of your lawsuit. In this case the court will decide to dismiss your claim in a hurry without hearing. It is crucial to speak with a personal injury lawyer as soon as possible to discuss your situation and determine if you are eligible to file an official claim.
Complaint
A complaint is an official legal document that is filed by a person who alleges a cause for action and demands the judicial remedy. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant is then obliged to respond within a specified timeframe. In general the event of a denial, the defendant will reject the claim. If the defendant does not respond to the claim, a default judgement may be granted in favor of the petitioner.
Personal injury claims are typically founded on bodily injury. Physical injuries can be extremely costly, and your attorney will ensure that you are compensated for any existing medical bills and any future costs that are anticipated. This includes things like medications as well as home care and physical therapy. You can also claim any loss in your quality of life resulted from your injury. This includes things such as the inability to walk, sleep or drive normally. This type of damages is referred to as pain and suffering.
The court will schedule the preliminary conference after the complaint is filed. This will be used to schedule any required oral or physical examinations, and also the production of any documents. Your lawyer will then prepare a Bill of Particulars. This is a detailed description of your injuries. It will include all your losses including the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment, as well as any other damages not monetary you are seeking. If your case is deemed to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause, or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit begins with the issue of a summons. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant via certified or registered mail within a certain timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which details the damages and injuries you've sustained more fully. It 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 accountable for your harm.
During the middle part of a lawsuit referred to as "discovery," each party has the opportunity to ask questions and look over evidence held by the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, therefore your attorney plays a significant role in negotiations during this phase.
Your lawyer may also request that you be examined by any doctor they choose regarding the damages and injuries you're seeking. If you do not attend, the judge may dismiss your case or order that you pay the defendant their examination costs.
After discovery and inspection have been completed, attorneys on each side can file a document known as the "Notice of Issue" and a "Statement of Readiness for Trial." This informs the court that your case is now ready to go to trial. The judge will then determine a trial date. During Charlotte injury lawyers will determine if the defendant is responsible for the accident and injuries. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't liable and the jury decides to deny your claim.
Trial
A personal injury lawsuit 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. A lawsuit could also be filed for non-physical injuries such as discomfort and pain, as well as loss of companionship.
Your lawyer will conduct an investigation on the accident during the beginning stages of the investigation to determine the exact cause and extent of your injuries. Then, he or she will work with the insurance company of the at-fault company. Your attorney will keep in touch with you about any significant developments and discussions throughout the process.
If negotiations fail the lawyer will file a formal complaint in the court against defendant. A complaint is the first official document in a civil suit that identifies the parties, details the incident, claims that there was wrongdoing and demands compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. This usually takes around one month. After service, the defendant has 30 days to "answer" the Complaint.
The answer is whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. At this point, your lawyer may submit medical records, documents as well as other evidence to prove your case. The lawyer representing the defendant will then reply to these documents, and then the two sides will begin further negotiations.
If the parties are not able to reach a settlement and mediation or arbitration might be required before your case goes to trial. However, a large percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have liens on your award through a specialized money escrow before distributing an actual check.