How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These lawsuits typically involve a person at fault (defendant) and an injured party known as the plaintiff.
Your attorney will review all of your medical records, as well as other documentation, in order to determine the totality and cost of your injuries and damages. This will help them prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins a personal injury case, the courts award them money to pay for their damages. The money can be awarded as a lump sum or spread out over a period of time in the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: general and special. Special damages are expenses which can be listed and quantifiable like medical expenses and lost wages. General damages are difficult to place a dollar value on, like pain and suffering and loss of enjoyment.
Keep a diary of the way your injuries have affected you you can help improve your chances of obtaining the most money for damages that are not economic. This includes the effect on your relationships, pain levels throughout the day mental stress and your ability to complete things you used to take for granted.
In a lot of personal injury cases, multiple defendants are responsible. This is the most frequent scenario when a business or person acts with criminal intent, fraud, and gross negligence. The court may also award punitive damage to deter other people from doing the same thing.
The defendants are served with an order with a complaint after a lawsuit has been filed. The defendants must respond (also known as an answering) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer has been filed, the case is moved 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 where you will find the majority of the time in the timeline of a personal injury lawsuit.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations expires you could lose your right to recover damages. It is important to consult an attorney in personal injury as soon as possible, even if you're not certain if the incident occurred within the time frame.
A statute of limitation is a law in a state that establishes a deadline for filing a lawsuit. In most states, a statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline for filing a personal injury lawsuit also varies depending on the person you're suing. If you want to sue an entity that is a part of the municipal government (such as a county or city) the deadline will be much shorter.
In addition, there are certain situations that could alter the statute of limitations in your situation. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation can begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In certain cases, the statute of limitations may be tolled for minors.
If you file an injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and request your lawsuit to be dismissed. In this scenario, the court will dismiss your claim without a hearing. This is why it's crucial to consult 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 formal document filed by a person who declares a cause of action, and a demand for the judicial remedy. The complaint should also define the kind of compensation 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 does not respond, a default judgment may be granted to the petitioner's behalf.
In Inglewood injury lawyers of cases, personal injury claims involve actual bodily harm. Physical injuries can be extremely expensive, and your attorney will ensure that you get paid for any existing medical bills, as well as any future costs that are anticipated. These include things like medication, home care and physical therapy. You can also claim for any loss of quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This type of damage is known as pain and suffering.
When a complaint is made when a complaint is filed, the court will hold a preliminary meeting to schedule the mandatory oral and physical examinations as well as any document production. Your lawyer will prepare a Bill of Particulars. This is a thorough report of your injuries. This will include your losses including future and present medical costs loss of wages, as well as property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in your life and any other non-monetary damages that you're seeking. If your case is determined to have probable cause you 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 may appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy via registered or certified mail within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare a Bill of Particulars that outlines the damages and injuries suffered by you in greater specific detail. This could include photos of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is accountable for your injuries.
During the middle part of a lawsuit called "discovery," each party has the opportunity to ask questions and inspect evidence that is held by the other party. Your attorney will be important in this stage of negotiations because the defendant's representatives want complete information before they make settlement offers.
Your lawyer can also request to have you examined by a doctor they select in relation to the damages or injuries you're seeking. If you do not 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 to go to trial. The judge will then schedule a trial. During the trial the jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is responsible the jury could award you damages. If the defendant is not responsible then the jury will dismiss your claim.
Trial
Personal injury claims can cover a broad range injuries, such as emotional distress, wrongful deaths (libel or slander) as well as physical injuries from accidents like car crashes and falls. A lawsuit may also be filed for non-physical injuries such as pain and discomfort and loss of companionship.
In the beginning of your case, your lawyer will research the accident to determine what happened and the magnitude of your damages. The lawyer will then engage with the insurance company of the party at the fault. Your attorney will keep you up to current on any negotiations and important developments throughout the process.
If negotiations fail the lawyer will submit a formal complaint to court against the defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, details the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to the defendant. It usually takes about a month. After service has been completed the defendant has to "answer" the Complaint within a specified time, which is usually 30 days.
The answer will tell you if the defendant admits to the allegations in the Complaint or refuses to acknowledge them. In this stage your lawyer may submit medical records, documents and other evidence to support of your case. The attorney representing the defendant will respond to these documents, and then the two sides will start further negotiations.
If the parties are unable to reach an agreement, then mediation or arbitration could be required prior to trial can begin. However, a substantial portion of personal injury cases settle outside of court. Your lawyer must first pay any company that have lien on your monetary award from a specific money escrow before distributing an actual check.