How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these instances, the defendant is usually the one who is at fault. The plaintiff is typically the party who is injured.
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 with the insurance company on behalf of you.
Damages
If a plaintiff is successful in a personal injury case, the judge gives the plaintiff a sum of money to cover damages. These funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds: general and special. Special damages are those that can be quantified that can be listed for medical expenses and lost earnings. General damages are difficult to place a dollar value on, such as pain and suffering and loss of enjoyment.
Keep a journal to document how your injuries affected you. This will increase your chance of receiving maximum compensation for any non-economic losses. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to perform activities you used to take for granted.
In many personal injury cases, more than one defendants are responsible. This is particularly true when an individual or business acts with the most blatant negligence, fraud and criminal intention. The court may also award punitive damage to discourage others from engaging in the same manner.
The defendants will receive a summons along with an accusation once the lawsuit has been filed. They must submit a response or answer within 30 days. Typically, defendants will not deny the allegations contained in the complaint. After the answer is filed and the case is referred to as a fact-finding stage known as discovery. Both parties will exchange information and evidence during this phase and may even conduct depositions. This stage accounts for the majority of time in the timeline of a personal injury lawsuit.
Statute of limitations
If you make a claim for injury after the statute of limitations expires, it's likely that you will lose the right to damages. That's why it's crucial to speak with an attorney who specializes in personal injury to discuss your case as early as possible even if you're not certain if the incident occurred before the deadline.
A statute of limitations is a state law which sets a time frame on how long you can make an injury lawsuit. In the majority of states the statute of limitations starts on the date of the incident or accident that led to your injuries. The time frame to file a lawsuit also depends on the party you are seeking to sue. If you are suing 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 to toxic substances or suffered from medical malpractice, for instance the statute of limitations could begin when you realize or ought to have known that your injuries are due to negligence. In certain cases minors are not subject to the statute of limitation.
If you file a personal injury claim after the statute of limitations has expired the defendant will likely inform the court and request your lawsuit to be dismissed. If this happens, the court will summarily dismiss your claim without a hearing. That's why it is important to consult an experienced personal injury lawyer early to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is a formal legal document that is filed by a party who asserts a cause of action and demands the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a set timeframe. In general the event of a denial, the defendant will deny the claim. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor.
In most cases, personal injury claims involve actual bodily injury. Physical injuries can be very expensive, and your attorney will ensure that you receive compensation for any current medical bills, as well as any future expenses you anticipate. These expenses include medications, home care, and physical therapy. You can also claim any loss in your quality of life that is resulted from your injury. This includes things like the inability to walk, sleep or drive normally. This kind of injury is known as pain and suffering.
When a complaint is filed when a complaint is filed, the court will hold a preliminary conference to set the date for obligatory oral and physical examinations, as well as any document production. After the conference, your lawyer will prepare an Bill of Particulars. It is a thorough description of your injuries. It will include all of your losses including the cost of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress and disfigurement, the loss of enjoyment of life, and any other non-monetary damages you seek. If your case is deemed to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause, or because the court doesn't have jurisdiction, you are able to appeal the decision.
Summons
The formal lawsuit process starts with a summons and a complaint. The plaintiff submits the complaint to the court and then sends a copy of the document to the defendant 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 file a Bill of Particulars that outlines the injuries and damages suffered by you in greater depth. It could include photos of your injuries, medical bills, and lost wages. It also includes details of the accident and what the defendant is responsible for the harm you suffered.
In the middle of a lawsuit referred to as "discovery," each party gets to ask questions and look over evidence held by the other party. Your attorney will be important in this phase of negotiations since the defendant's representatives want full information before making settlement offers.
Your lawyer can also request to see you by a physician they select in connection with the damages or injuries you're seeking. If you do not attend, the judge could dismiss your case, or demand that you pay the defendant their examination costs.
After the discovery and inspection, attorneys from 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 accountable for the accident and the injuries you suffered. If Dothan is at fault, the jury may award you damages. If the defendant is not responsible and the jury denies your claim.
Trial
Personal injury claims can cover a broad range of injuries, including emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. A lawsuit may also be filed for physical injuries like discomfort and pain, as well as loss of companionship.
In the beginning of your case, your lawyer will research your accident to fully understand what occurred and the extent of your losses. Then, he or she will negotiate with the insurance company of the at-fault company. Your attorney will keep you up-to current on any negotiations and important developments throughout the process.
If negotiations fail and your lawyer has to file a formal complaint in court against the defendant. A complaint, the first official document in a civil suit, identifies all parties, describes the incident and lays out allegations of 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. This usually takes around a month. After service, the defendant has 30 days to "answer" the Complaint.
The answer explains whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. In this stage your lawyer will be able to submit medical records, documents as well as other evidence in support of your case. The defendant's lawyer will submit an answer to these documents and the two parties will then engage in further discussions.
If the parties cannot reach an agreement, then mediation or arbitration may be required before trial can begin. A large portion of personal injury cases are settled outside of court. Your lawyer must first pay any company with liens on your monetary award from a special money escrow before distributing a check.