How Personal Injury Lawsuits Work

Personal injury lawsuits are civil disputes over compensation for losses or injuries. These cases often involve a party who is at fault (defendant) and an injured party known as the plaintiff.

Your lawyer will go through your medical records along with other documentation, in order to determine the full extent and cost of your injuries and 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 judge gives the plaintiff money to pay damages. These funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds: special and general. Special damages are expenses 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 chance of winning the most money for damages that are not economic. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to do things you once took for granted.

In many personal injury lawsuits, there are multiple defendants. This is most common when a person or business commits the most blatant negligence, fraud and criminal intention. The court can also give punitive damages to discourage others from acting in a similar manner.

After a lawsuit has been filed, the defendants will receive a summons and complaint. They must respond or answer, within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. This is the time when the parties exchange pertinent information and evidence, including depositions under oath. This stage accounts for the majority of time in the timeline of personal injury lawsuits.

Statute of limitations

If you bring a lawsuit to recover for injuries after the statute of limitations expires, it is likely that you will lose the right to damages. That's why it is important to speak with an attorney who specializes in personal injury to discuss your case early on even if you're not sure if the incident occurred before the deadline.

A statute of limitations is a law in a state which sets a time frame on the time you can bring a lawsuit for injury. In many states the statute of limitations runs at the time of the incident or accident that caused your injuries. The deadline to file a personal injury lawsuit also depends on the person you are suing. For instance, if you would like to sue a local government agency (such as a city or county), the deadline is shorter.

In addition there are certain circumstances which could change the statute of limitations in your case. If you were exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations can begin when you discover or ought to have known that your injuries are the result of negligence. In certain cases the statute of limitations may be extended for minors.

If you make a claim for injury after the statute of limitations has expired, your defendant will likely inform the court about this and ask to dismiss your claim. If this happens, the court will dismiss your claim in a sweeping manner without a hearing. This is why it's crucial to talk with 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 an official legal document filed by a party that alleges a cause for action and demands legal relief. The complaint should also state the type of relief the plaintiff seeks. The defendant is then obliged to respond within a specified time frame. A defendant will usually decline to respond. If the defendant does not respond to the claim, a default judgement may be entered for the petitioner.

Most personal injury attorneys claims can result in bodily injury. Physical injuries can be costly, and your attorney will ensure that you receive compensation for any current medical bills as well as any future expenses you anticipate. These include things like medication as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damages is known as suffering and pain.

The court will call a preliminary conference when the complaint has been filed. This will be used to schedule any required oral or physical examinations as well as the production of any documents. Your lawyer will then prepare the Bill of Particulars. This is a detailed account of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical bills, lost earnings, and property damage. Your lawyer will also describe the alleged emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that are not monetary you're seeking. If your case is deemed 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 doesn't have jurisdiction, you can appeal the decision.

Summons

The formal lawsuit process begins with a summons as well as a complaint. The plaintiff submits a complaint to the court and sends the defendant a copy via certified or registered post within a certain time frame. The defendant must respond, or else risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It could include photos of your injuries, medical bills and lost wages. It also includes details of the incident and the manner in which the defendant is accountable for your injuries.

In the middle of a lawsuit, referred to as "discovery" the parties is able to ask questions and look over evidence held by the other party. Your attorney is crucial during this stage of negotiations since the defendant's representatives want full information before making settlement offers.

Your lawyer may also request to see you by a doctor they select in relation to the injuries or damages you're seeking. If you don't attend, the judge could dismiss your case or order that you pay the defendant their examination costs.

Once discovery and inspection are completed, the lawyers on both sides may file something called a "Notice of Issue" and a "Statement of Readyness for Trial." This informs the court that your case is ready to go to trial. The judge will then decide on a trial. During the trial, the jury will decide if the defendant is responsible for the accident and the injuries you sustained. If the defendant is responsible and the jury awards you damages. If the defendant is not responsible, the jury will deny your claim.

Trial

A personal injury claim compensation case involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. A lawsuit can also be filed for non-physical injuries such as discomfort and pain and loss of companionship.

Your lawyer will conduct an investigation on the accident during the beginning stages of the investigation to determine the exact cause and extent of your injuries. He or she will then discuss the matter with the insurance company of the party at the fault. Your lawyer will keep you informed and up to current on any negotiations and significant developments during this process.

If negotiations fail, your lawyer will file a formal complaint in the court against defendant. A Complaint is the first official document in a civil lawsuit that identifies the parties, describes the incident, alleges wrongdoing and demands compensation. The complaint must be personally served which means it must be delivered physically to the defendant. It usually takes about approximately a month. After service, injury lawsuits the defendant will have 30 days to "answer" the Complaint.

The answer explains whether the defendant admits to the allegations in the Complaint or denies them. In this stage, your lawyer can provide medical records, documents and other evidence to support of your case. The defendant's lawyer will submit a response to these documents and the two sides will then engage in further discussions.

If the parties are not able to reach a settlement and mediation or arbitration might be required before your case can go to trial. A significant number of personal injury compensation injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any companies that have lien on the award out of a special account for escrow before he or she will write you an official check.