How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for losses or injuries. In these situations the defendant is usually the person at fault. The plaintiff is usually the party who is injured.
Your lawyer will review your medical records along with other documentation, in order to determine the totality and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in a personal injury case the courts award them funds to pay for their damages. The money can be awarded in a lump sum or spread out over a period of time, as part if a structured settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be itemized and quantifiable for example, 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 in which you can record how your injuries impacted your life. This will increase your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels mental stress and your ability to do activities you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or individual commits fraud, criminal intent and gross negligence. The court can also award punitive damages to deter others from acting in the same way.
When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants will be required to respond (also called an answering) within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. This is when the parties exchange pertinent information and evidence, which includes taking depositions under an oath. This stage takes up the majority of the personal injury timeline.
Statute of limitations
If you make a claim for injury after the statute of limitation expires, it is possible that you'll lose your right to receive damages. Reno injury lawyers 's why it is important to talk to a personal injury lawyer about your case early on even if you're not sure if the accident occurred within the timeframe.
A statute of limitations is a state law that sets a time limit on how long you can bring a lawsuit for injury. In the majority of states the statute of limitations begins on the date that the accident or incident led to your injuries. The deadline to file a lawsuit also depends on who you are seeking to sue. For instance, if you are seeking to sue a municipal government entity (such as a city or county) the deadline is much shorter.
There are other situations that may change the statute of limitation in your situation. For example, if you were exposed to harmful substances or a victim of medical negligence, the statute of limitations may start when you realize or should have realized, that your injuries were caused by negligence. In some cases minors are exempt from the statute of limitation.
If you file a personal injury claim after the statute of limitations has expired the defendant will likely point this out to the court and ask for the case to be dismissed. If this occurs, the court will summarily dismiss your claim without hearing. This is why it's crucial to consult an experienced personal injury lawyer as soon as possible to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is an official legal document filed by a party that asserts a cause of action and demands legal relief. The complaint must also specify the type of compensation that the plaintiff is seeking. The defendant is then required to respond within a specified time frame. In general the event of a denial, the defendant will deny the claim. If the defendant does not respond, default judgment can be entered in the petitioner's favor.
In most cases, personal injury claims can result in bodily harm. Your attorney will ensure that you receive compensation for medical bills currently incurred and any future costs. This includes things like medications as well as home care and physical therapy. In addition, you can claim for any loss of quality of life that is caused by your injuries. This includes things like being unable to walk, sleep or drive normally. This kind of damage is known as suffering and pain.
When a complaint is filed and the court is notified, they will hold a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses which include the cost of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will also detail the alleged emotional distress, disfigurement, loss of enjoyment of life and any other damages that are not monetary you seek. If your case is found to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a decision that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision.
Summons
The formal process of a lawsuit begins with a summons as well as a 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 risk default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the injuries and damages suffered by you in greater specific detail. It could include photographs of your injuries, medical bills and lost wages. The document also contains details about the incident and how you think the defendant is responsible for the damage.
During the middle phase of a lawsuit, also known as "discovery" in which each party has the opportunity to ask questions and review evidence held by the opposing party. The defendant's representatives will want to have complete information before making settlement offers, and your attorney will play a crucial role in negotiations during this phase.
Your lawyer may also request to have you examined by a doctor they choose for the damages or injuries you're seeking. If you do not attend, the court may dismiss your case. Or order that you pay for the defendant's examination costs.
After a discovery and inspection, attorneys on both sides can file a form called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is prepared to go to trial. The judge will then decide a trial date. During the trial, the jury will decide if the defendant was responsible for the accident as well as the injuries you suffered. If the defendant is to blame and the jury awards you damages. If the defendant is not accountable then the jury will dismiss your claim.
Trial
A personal injury claim can result in a variety of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. A lawsuit may also be filed for physical injuries, such as pain and discomfort and loss of companionship.
Your lawyer will conduct an investigation on your accident in the early stages of the investigation to determine the exact nature and severity of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your attorney will keep you up-to current on any negotiations and significant developments throughout this process.
If negotiations fail and your lawyer has to file a formal complaint in 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 seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It typically takes one month. After service has been completed and the defendant is required to "answer" the Complaint within a specified date, which is usually 30 days.
The answer is whether the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this stage, your lawyer can provide medical records, documents and other evidence to support of your case. The lawyer representing the defendant will respond to these documents, and then the two sides will start further negotiations.
If the parties are unable to come to an agreement, mediation or arbitration could be required prior to trial can begin. A large portion of personal injury cases are settled outside of court. When a settlement is reached, your lawyer has to pay any companies that have liens on the monetary award out of a special escrow account before he or they can issue an official check.