How Personal Injury Lawsuits Work Personal injury lawsuits are civil litigation over compensation for losses or injuries. These lawsuits typically involve a person at the fault (defendant) and an injured party, referred to as the plaintiff. Your lawyer will review all medical records, as well as 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 is successful in a personal injury lawsuit the courts award them money to pay for their damages. These funds can 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 types of compensatory damages: specific and general. Special damages are measurable costs that can be categorized like medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment are more difficult to quantify. Keep a journal to document how your injuries impacted your life. This will increase your chance of receiving maximum compensation for the non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to complete activities you used to take for granted. In many personal injury lawsuits, there are multiple defendants. This is particularly true when a person or business is guilty of the most blatant negligence, fraud and criminal intent. The court can also make punitive damages in order to discourage others from acting in the same manner. When a lawsuit is filed, the defendants will receive a summons and complaint. They will then be required to submit a response which is also known as an answer, within 30 days. Typically, defendants will deny the allegations in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. This is where both parties will share relevant information and evidence, which includes 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 you could lose the right to claim damages. That's why it's crucial to speak with an attorney for personal injury about your case as early as possible even if not sure if the incident occurred within the timeframe. A statute of limitation is a state law which provides a time frame for filing an action. In many states the statute of limitations starts on the date of the incident or accident that led to your injuries. The deadline for filing a personal injury lawsuit also depends on the person you're suing. For instance, if you want to sue a municipal government agency (such as a city or county) the deadline is shorter. There are other situations that may change the time limit in your particular case. For instance, if you were exposed to harmful substances or a victim of medical negligence, the statute of limitations could begin when you realize or ought to have discovered, that your injuries were the result of negligence. In certain instances, minors are exempt from the statute of limitations. If you make an injury claim after the statute of limitations has expired Your defendant is likely to tell the court about this and ask that your lawsuit be dismissed. If this occurs, the court will dismiss your claim on the spot without hearing. That's why it is important to talk with an experienced personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim. Complaint A complaint is a legal document filed by a plaintiff which alleges a cause of action, and a demand for judicial relief. The complaint should also specify what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific timeframe. The defendant is usually able to decline to respond. If accident injury law firm fails to respond to the claim, a default judgement may be entered for the petitioner. In the majority of cases, personal injury claims are based on actual bodily injury. Your attorney will ensure that you get paid for your current medical bills and any future costs. This includes things like medications, home care and physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This type of damage is referred to as suffering and pain. If a complaint is filed, the court will convene a preliminary conference to schedule the mandatory oral and physical examinations as well as any document production. Your lawyer will then draft an Bill of Particulars. This is a detailed report of your injuries. This will include the losses you have suffered including your current and future medical costs, lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in life as well as any other non-monetary damages that you're seeking. If the case is found to have probable cause, your case 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 does not have jurisdiction, you can appeal the decision. Summons The formal lawsuit process starts with a summons and complaint. The plaintiff file a complaint with the court and then sends the defendant a copy by registered or certified mail within a certain time frame. The defendant must respond, or they risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in greater detail. This could include photos of your injuries, medical expenses and lost wages. It may also include details of the accident and what the defendant is responsible for the harm you suffered. During the middle part of a lawsuit referred to as discovery, each party is allowed to ask questions and examine evidence held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, and your attorney will play a crucial role in negotiations during this time. Your lawyer may also request that you be examined by a doctor of their choosing in regard to the damages and injuries you're claiming. If you don't attend, the judge may dismiss your case, or demand that you pay the defendant for the costs of their examination. 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 ready to go to trial. The judge will then set a trial date. During the trial, the jury will decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is liable and the jury awards you damages. If the defendant is not responsible then the jury will dismiss your claim. Trial A personal injury case can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed over physical injuries, such as the suffering of others and loss of companionship. Your lawyer will conduct a thorough investigation regarding your accident in the initial stages of the investigation to determine the exact nature and severity of your injuries. He or she will then engage with the insurance company of the party who is at the fault. Your attorney will keep in touch with you about any significant developments and will also negotiate throughout the entire process. If negotiations fail and your lawyer has to file a formal complaint in court against the defendant. A Complaint, which is the first official document in a civil suit, lists all parties, describes the incident, and claims that there was wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. This typically takes about one month. After service, the defendant will have 30 days to answer the Complaint. The answer will tell you if the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this stage your lawyer may submit medical records, documents, and other evidence in support of your case. The defendant's lawyer will submit a response to these documents and the two sides will engage in further negotiations. If the parties cannot come to an agreement, mediation or arbitration may be required before a trial can take place. However, a significant percentage of personal injury cases settle outside of court. After a settlement has been reached, your lawyer has to pay any companies with lien on the settlement through a specific account in escrow before he/ they can issue an official check.
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