How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. These cases often involve a person at the fault (defendant) and an injured party referred to as the plaintiff.
Your lawyer will go through your medical records and other documentation to determine the extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company on behalf of you.
Damages
When a plaintiff wins in a personal injury lawsuit, the judge awards the plaintiff money to pay damages. The funds can be awarded in a lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are expenses that can be itemized and quantifiable for example, medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment are more difficult to quantify.
Keep a diary to record the way your injuries affected you. This will increase your chance of receiving the most compensation for noneconomic damages. This includes the effect on your relationships, daily pain levels mental stress and your ability to complete activities you used to take for granted.
In many personal injury cases, multiple defendants are accountable. This is most common when a person or business commits criminal intent, fraud, and gross negligence. The court may also award punitive damage to deter other people from engaging in the same manner.
After a lawsuit has been filed, the defendants will receive a summons and complaint. They are then required to respond or answer within 30 days. Typically, defendants deny the allegations in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. The parties will share information and evidence during this stage and may even conduct depositions. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline.
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. It is crucial to speak with an attorney in personal injury whenever you can even if you're not certain if the incident occurred within the time frame.
Bethlehem injury attorneys of limitations is a state law which sets a deadline for filing lawsuits. In the majority of states, a statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline for filing a lawsuit for personal injuries also varies depending on the person you're suing. If you are suing an entity of municipal government (such as city or county) the deadline is shorter.
Additionally there are certain circumstances which could change the statute of limitations in your case. For example, if you were exposed to harmful substances or a victim of medical negligence the time limit may begin when you discover or should have discovered, that your injuries were caused by negligence. In certain instances, minors are exempt from the statute of limitations.
If you submit a claim for injury after the statute of limitations has expired the defendant will likely inform the court about this and request that your case be dismissed. In this instance the court will dismiss your claim in a hurry without hearing. It is crucial to speak with an attorney who specializes in personal injury as soon as you can to discuss your case and determine if you can make a legal claim.
Complaint
A complaint is a formal legal document filed by a plaintiff that asserts a cause of action, and a demand for judicial relief. The complaint must also specify the type of relief the plaintiff is seeking. The defendant is then required to respond within a specific time frame. In general the case, a defendant will reject the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor.
Personal injury claims are generally founded on bodily injury. Your lawyer will ensure that you are compensated both for medical bills currently incurred and any future expenses. These costs include medical expenses as well as home care and physical therapy. You can also claim for any loss in your quality of life caused by your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is known as pain and suffering.
When a complaint is filed and the court is notified, they will hold a preliminary conference to schedule the mandatory oral and physical examinations as well as any document production. Following the conference your lawyer will draft the Bill of Particulars. It is a thorough description of your injuries. It will include all the losses you have suffered which include the cost of your present and future medical bills, lost earnings, and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment and any other non-monetary damages that you are seeking. If the case is determined to be probable cause your case will be scheduled for a public hearing. If your complaint is rejected due to a finding of no probable cause or because the court is not in jurisdiction, you may appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff file a complaint with the court and then sends the defendant a copy by certified or registered post within a specific time. The defendant has to respond or risk a default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which describes the damages and injuries you've suffered more fully. It may include photographs of your injuries, medical bills and lost wages. It may also include details of the incident and the manner in which the defendant is responsible for your injuries.
During the middle part of a lawsuit referred to as "discovery," each party gets to ask questions and look over evidence that is held by the other party. Your attorney will be important in this phase of negotiations as 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 a doctor of their choosing regarding the damages and injuries you're claiming. If you do not attend, the judge may dismiss your case, or demand that you pay the defendant for the costs of their examination.
After discovery and inspection, attorneys on 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 to go to trial. The judge will then decide on 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 could award you damages. If the defendant is not liable, the jury will reject your claim.
Trial
A personal injury lawsuit involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. A lawsuit can also be filed for injuries that are not physical such as discomfort and pain and loss of companionship.
Your lawyer will conduct research on the accident during the initial stages of the investigation to determine the exact nature and severity of your injuries. Then, he or she will negotiate with the insurance company of the at-fault company. Your lawyer will keep you up-to date on any negotiations and significant developments throughout this process.
Once negotiations have failed the lawyer will submit a formal complaint to the court against the defendant. A Complaint, which is the first official document of a civil suit, identifies all parties, describes the incident, and claims that there was wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It usually takes about approximately a month. After service is completed, the defendant must "answer" the Complaint within a specified time, which is usually 30 days.
The answer explains whether the defendant is willing to admit the allegations made in the Complaint or denies them. During this phase your lawyer will be able to submit documents, medical records as well as other evidence in support of your case. The defendant's attorney will respond to these documents and the two sides will begin discussions.
If the parties can't reach an agreement, then mediation or arbitration may be required prior to the trial can be held. A significant portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any businesses that have liens on the monetary settlement through a specific account in escrow before he/ they can issue an official check.