How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These cases often involve a person who is at fault (defendant) and an injured party known as the plaintiff.
Your lawyer will go through your medical records and other documents to assess the full extent of your injuries, costs 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 court awards the plaintiff money to pay damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are the ones that can be quantified that can be listed, such as medical bills and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify.
Keep a journal in which you can record the way your injuries affected your life. This will increase your chance of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental anxiety, and how your injuries affect your ability to take part in activities that you used to take for granted.
In a lot of personal injury cases, multiple defendants are at fault. This is especially common when a business or an individual commits gross negligence, fraud, and criminal intent. The court can also award punitive damage to discourage others from engaging in the same manner.
The defendants are served with an order with a complaint once a lawsuit is filed. They are then required to submit a response, also known as an answer, within 30 days. Typically, defendants will deny the allegations made in the complaint. Once the answer is filed the case will move to the process of fact-finding, also known as discovery. Both parties will exchange information and evidence during this stage and may even conduct depositions. This is the stage that accounts for the majority of the time in a personal injury lawsuit timeline.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires, it is likely that you will lose the right to damages. It is essential to speak with an attorney for personal injuries whenever you can even if you're unsure sure whether the accident occurred before the timeframe.
A statute of limitation is a law in a state that provides a time frame for filing an action. In the majority of states, the statute of limitations runs at the time of the incident or accident that led to your injuries. The deadline for filing a lawsuit for personal injuries also varies depending on the individual you are seeking to sue. If you intend to sue an entity that is a part of the municipal government (such as a county or city) the deadline will be much shorter.
There are also certain situations which could change the statute of limitation in your situation. If you were exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain instances, the statute of limitations can be tolled for minors.
If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely to inform the court and ask for 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 as soon as possible 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 asserts a cause of action and seeks judicial relief. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a certain time frame. A defendant will usually deny the claim. If Jersey City injury lawyers fails to respond, a default judgment could be made in favor of the petitioner.
Most personal injury claims are based on actual bodily injury. Physical injuries can be expensive, and your lawyer will ensure that you receive compensation for any current medical bills and any future expenses you anticipate. This includes things like medications as well as home care and physical therapy. You can also claim for any loss in your quality of life resulted from your injury. This includes things like the inability to drive, sleep or walk normally. This type of damages is known as suffering and pain.
When a complaint is filed, the court will convene a preliminary conference to schedule mandatory physical and oral examinations, as well as any document production. Your lawyer will prepare an Bill of Particulars. This is a thorough description of your injuries. It will include all of your losses which include the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in life and any other damages that are not monetary that you are seeking. If the case is determined to be a probable cause, your case 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 doesn't have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff file a complaint with the court and sends the defendant a copy by certified or registered post within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the damages and injuries sustained by you in more detail. It could include photos of your injuries, medical bills, and lost wages. The document will also contain information about the incident and how you think the defendant is accountable for the harm.
In the middle of a lawsuit, called "discovery", each party has the opportunity to ask questions and examine evidence presented by the opposing party. Your lawyer will be crucial during this stage of negotiations as the defendant's representatives want complete information prior to making settlement offers.
Your lawyer may also request that you undergo an examination by the doctor of their choice regarding the damages and injuries you're seeking. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs.
After the discovery and inspection, attorneys from both sides may 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 decide an appointment date for the trial. During the trial, the jury will decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is responsible, the jury may award you damages. If the defendant isn't responsible, the jury will deny your claim.
Trial
A personal injury case encompasses a range 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 non-physical injuries, such as pain and discomfort and loss of companionship.
Your lawyer will conduct an investigation on your accident in the beginning stages of the case to determine the exact cause and extent of your injuries. Then, he will work with the insurance company. Your lawyer will keep you up-to the minute on any negotiations or significant developments during this process.
If negotiations are unsuccessful, your lawyer will file a formal complaint in court against defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, alleges wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. It typically takes one month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will tell you if the defendant denies or acknowledges the allegations contained in the Complaint. During this phase your lawyer may submit medical records, documents and other evidence to support of your case. The lawyer representing the defendant will submit an answer to these documents and the two parties will continue to negotiate.
If the parties cannot reach an agreement, mediation or arbitration may be required prior to a trial can take place. However, a significant percentage of personal injury cases settle out of court. After a settlement has been reached, your lawyer has to pay any businesses that have lien on the money award out of a special escrow account before he or will issue you an official check.