How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. These lawsuits typically involve a person at the fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, expenses and damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff is successful in a personal injury lawsuit, the court will award the plaintiff money to pay damages. The money can be awarded as an amount in one lump sum or spread over a time period, as part if a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are costs that can be itemized and are measurable, such as medical expenses and lost wages. General damages are harder to place a dollar value on, like the suffering and pain, and the loss of enjoyment.
Keep a journal to document 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, daily pain levels and bouts of mental anxiety and how your injuries affect your ability to take part in the activities you used to take for granted.
In many personal injury cases, multiple defendants are at fault. This is especially true when a person or business is guilty of criminal intent, fraud and gross negligence. The court may also award punitive damage to discourage others from engaging in the same manner.
After a lawsuit has been filed, the defendants will receive a summons and complaint. The defendants will be required to provide a response (also known as an answering) within 30 days. Typically, defendants not deny the allegations contained in the complaint. After the answer is filed, the case moves to the phase of fact-finding, also known as discovery. This is when both parties will share relevant information and evidence, including taking depositions under oath. This is the majority of the timeline for personal injuries.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires, it is possible that you will lose your right to receive damages. It is essential to speak with an attorney for personal injuries as soon as you can even if you're not sure whether the accident occurred before the deadline.
A statute of limitation is a state law which provides a time frame for filing lawsuits. In many states, a statute of limitations begins the date of the incident or incident caused your injuries. The deadline to file a lawsuit is dependent on the person you are seeking to sue. If you want to sue an entity of municipal government (such as city or county), the deadline will be shorter.
There are also certain situations that may change the time limit in your case. For example, if you were exposed to harmful substances or suffered medical malpractice the time limit may begin when you discover or ought to have realized, that your injuries were caused by negligence. In certain instances minors are exempt from the statute of limitations.
If you file a personal injury claim after the time limit has expired the defendant will most likely inform the court and request your lawsuit to be dismissed. If this occurs, the court could dismiss your claim on the spot without hearing. It is important to consult a personal injury lawyer immediately to discuss your case and determine if you are eligible to file a legal claim.
Complaint
A complaint is a legal document filed by a plaintiff which declares an actionable cause, and a demand for legal relief. The complaint should also state the type of relief the plaintiff seeks. The defendant is then required to respond within a specific time frame. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner.
Personal injury claims are generally based on actual bodily harm. Physical injuries can be expensive, and your lawyer will ensure that you are compensated for any existing medical bills, as well as any anticipated future expenses. This includes things like medications or home care, as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of damage is known as pain and suffering.
The court will call a preliminary conference when the complaint has been filed. The court will schedule any mandatory oral or physical examinations as well as the production of any documents. Your lawyer will prepare a Bill of Particulars. It is a thorough 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 are seeking. If the case is determined to be probable cause your case will be scheduled for an open hearing. If your complaint is dismissed due to a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision.
Summons
The formal lawsuit begins with the issue of a summons. The plaintiff file a complaint with the court and sends the defendant a copy by registered or certified mail within a certain time frame. The defendant must respond, or else risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in more depth. It could include photos of your injuries, medical bills and lost wages. It may also include details of the accident and what the defendant is accountable for the harm you suffered.
During the middle phase of a lawsuit, also known as "discovery", each party is given the chance to ask questions and examine evidence provided by the other party. Boynton Beach injury attorneys 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 ask that you be examined by a doctor of their choosing regarding the injuries and damages you're seeking. If you do not take part, the judge may dismiss your case or require that you pay the defendant the costs of their examination.
After discovery and inspection, attorneys from both sides can file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is prepared for trial. The judge will then set an appointment date for the trial. During the trial the 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 accountable and the jury decides to deny your claim.
Trial
Personal injury lawsuits can cover a wide range injuries, such as emotional distress, wrongful deaths (libel or slander) and physical injury from accidents like car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries such as suffering and pain, as well as loss of companionship.
Your lawyer will conduct a thorough investigation on the accident during the early stages of the case to determine the exact nature and severity of your injuries. Then, he will negotiate with the at-fault party's insurance company. Your lawyer will keep you up-to date on any negotiations and important developments throughout the process.
If negotiations fail and your lawyer is unable to resolve the issue, he will file a formal complaint in the court against defendant. A Complaint is the first official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. It typically takes a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer explains whether the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. During this phase your lawyer may provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will respond to these documents and the two sides will start discussions.
If the parties cannot come to an agreement, mediation or arbitration could be required prior to a trial can take place. However, a significant percentage of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any companies that have liens on the monetary settlement out of a separate escrow account before he or she will write you an official check.