How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over the compensation for losses or injuries. In these instances the defendant is usually the one responsible for the incident. The plaintiff is usually the injured party.
Your lawyer will review your medical records, as well as other documentation, to determine the totality and cost of your injuries and the damages. This will help them prepare and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in a personal injury lawsuit, the court will award the plaintiff money to pay damages. These funds can be awarded in lump sums or spread out over a period of time, as part if the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs that can be categorized and quantifiable for example, medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of life, are more difficult to quantify.
Keep a diary of how your injuries have affected your chances of obtaining the most money for damages that are not economic. This includes the impact on your relationships, your daily pain levels and bouts of mental anxiety, and how your injuries impact your ability to participate in activities you once took for taken for granted.
In many personal injury lawsuits there are many defendants. This is especially true when a business or individual commits fraud, criminal intent, and gross negligence. The court may also award punitive damage to discourage others from doing the same thing.
The defendants receive a summons along with an accusation once a lawsuit has been filed. The defendants are required to provide a response (also called an answering) within 30 days. Typically, the defendants will deny the allegations in the complaint. After the answer is filed, the case is moved to a stage of fact-finding known as discovery. This is when both parties will exchange relevant information and evidence, as well as taking depositions under an oath. This phase takes up the majority of the timeline for personal injuries.
Statute of limitations
If you make a claim for injury after the statute of limitations expires, it's likely that you will lose your right to receive damages. It is important to consult an attorney for personal injuries whenever you can even if you're unsure certain if the incident occurred within the deadline.
A statute of limitations is a law of the state that sets a time limit on the amount of time you can file an injury lawsuit. In many states, the statute of limitations begins on the date of the incident or accident which caused your injuries. The deadline for filing a lawsuit for injury also depends on the party you are suing. If you are suing an entity that is a part of the municipal government (such as city or county), the deadline will be shorter.
Additionally there are certain circumstances that could alter the statute of limitations in your particular case. For instance, if you were exposed to harmful substances or a victim of medical negligence, the time limit may begin when you realize, or reasonably should have discovered, that your injuries were the result of negligence. In certain instances, the statute of limitations can be extended for minors.
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 dismissal of your lawsuit. If this occurs, the court could summarily dismiss your claim without a hearing. This is why it's important to speak with a seasoned personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a formal legal document filed by a person who alleges a cause for action and demands the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant must then respond within a set time frame. The defendant is usually able to deny the claim. If the defendant does not respond, a default judgment could be granted to the petitioner's behalf.
Personal injury claims are usually based on actual bodily harm. Your lawyer will ensure that you receive compensation for your current medical bills and any future costs. This includes things like medications as well as home care and physical therapy. You can also claim any loss in your quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is known as pain and suffering.
The court will set up the preliminary conference after a complaint has been filed to schedule any mandatory physical or oral examinations, and also the production of any documents. After the conference your lawyer will draft an Bill of Particulars. It is a comprehensive account of your injuries. This will include your losses including your future and current medical costs as well as lost wages and property damage. Your lawyer will also outline the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you are seeking. If your case is deemed to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court does not have jurisdiction, you are able to appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff file the complaint with a court and sends a copy of the document to the defendant by registered or certified mail within a specific timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which describes the injuries and damages you've sustained more fully. This could include photos of your injuries, medical bills and lost wages. The document also includes information about the accident and how you think the defendant is accountable for the injury.
In the middle of a lawsuit, also known as "discovery", each party is given the chance to ask questions and review evidence provided by the opposing party. Your lawyer will be crucial during this stage of negotiations since the defendant's representatives want full information before making settlement offers.
Your lawyer may also request to have you examined by a physician they select in relation to the damages or injuries you're claiming. If you fail to show up, the court may dismiss your case. Or, they may require that you pay for the defendant's exam costs.
After a discovery and inspection, attorneys on both sides may file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is prepared for trial. The judge will then set the date for a trial. During the trial, the jury will decide if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is liable, the jury will award you damages. If Huntsville injury lawyers is not responsible and the jury denies your claim.
Trial
A personal injury case can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed to address physical injuries, such as pain and suffering and loss of companionship.
Your lawyer will conduct an investigation on the accident during the beginning stages of the case to determine the precise cause and extent of your injuries. Then, he or she will negotiate with the insurance company. Your lawyer will stay in touch with you about any significant developments and will also negotiate throughout the process.
If negotiations fail the lawyer will submit a formal complaint to the court against the defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, details the incident and alleges wrongdoing. It also demands compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. This typically takes about a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or accepts the allegations in the Complaint. In this phase your lawyer will submit medical records, documents and other evidence to back your argument. The defendant's attorney will respond to these documents and then the two sides will begin further negotiations.
If the parties are unable to reach an agreement, mediation or arbitration could be required prior to a trial can take place. A large portion of personal injury cases are settled out of court. When a settlement is reached, your lawyer must pay any companies that have lien on the money award out of a special escrow account before he or she will write you an official check.