How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. 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 along with other documentation, to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff is successful in a personal injury case the judge awards the plaintiff a sum of money to cover damages. The funds may be awarded as lump sums or spread over a time period, as part if the settlement is structured. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are measurable costs that can be categorized for medical expenses and lost earnings. General damages are difficult to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment of life.
Keep a diary of how your injuries have affected the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, pain levels throughout the day mental stress and your ability to complete things you used to take for granted.
In many personal injury lawsuits there are many defendants. This is most common when a person or business is guilty of criminal intent, fraud or gross negligence. The court can also make punitive damages in order to discourage others from committing the same way.
The defendants are served with a summons along with an accusation once the lawsuit has been filed. They are then required to submit a response or answer, within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. This is the time when both parties will share relevant information and evidence, which includes depositions under the oath. This is the stage that accounts for the majority of time in a personal injury lawsuit timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations runs out the statute of limitations will expire and you'll likely lose the right to collect damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case early, even if you are not sure if the accident occurred within the timeframe.
A statute of limitations is a law in a state that sets a time limit on the time you have to bring a lawsuit for injury. In many states the statute of limitations runs with the date of the accident or incident which caused your injuries. The time limit to file a lawsuit is dependent on the person you are suing. If you intend to sue an entity that is a part of the municipal government (such as the city or county), the deadline will be shorter.
In addition, there are certain situations that could alter the statute of limitations in your particular case. If you were exposed toxic substances or suffered from medical malpractice, for example the statute of limitations may begin when you discover or reasonably ought to have realized that your injuries are due to negligence. In some cases the statute of limitations is tolled for minors.
If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely inform 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 early to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is a legal formal document filed by a person who asserts a cause of action and demands judicial relief. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a set time period. In general, a defendant will reject the claim. If the defendant fails to respond, default judgment can be made in favor of the petitioner.
In most cases, personal injury claims involve actual bodily harm. Physical injuries can be costly, and your attorney will work to ensure that you are compensated for any existing medical bills as well as any future costs that are anticipated. This includes things like medications as well as home care and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes things like the inability to drive, sleep or walk normally. This kind of injury is called suffering and pain.
When a complaint is made, the court will convene a preliminary conference to plan mandatory physical and oral examinations as well as any document production. After the conference your lawyer will draft an Bill of Particulars. This is a detailed report of your injuries. It will include all of your losses, including the costs of your present and future medical expenses, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment in life and any other damages not monetary you seek. If your case is determined to be a probable cause, you will be scheduled for an open hearing. If your complaint is rejected due to a finding of no probable cause or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons as well as a complaint. The plaintiff file the complaint with a court and sends a copy of the document to the defendant via registered or certified mail within a specific timeframe. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the injuries and damages you've suffered more fully. This may include photos of your injuries, medical bills and lost wages. The document also includes information about the accident and how you think the defendant is accountable for the harm.
In the middle of a lawsuit, also known as "discovery" the parties is given the chance to ask questions and look over evidence presented by the opposing party. The defendant's representatives will need to have complete information before making settlement offers, so your attorney will play an important role in negotiations during this time.
Your lawyer may also request to have you examined by the doctor of their choice in relation to the injuries and damages you're seeking. If you do not show up, the court may dismiss your case. Or, Deerfield Beach injury attorney may require that you pay for the defendant's examination costs.
After discovery and inspection have been completed, lawyers on each side can file a document known as a "Notice of Issue and Statement of Readyness for Trial." This informs the court that your case is prepared to go to trial. The judge will then determine a trial date. During the trial the jury will decide if the defendant is responsible for the accident and injuries. If the defendant is to blame the jury could award you damages. If the defendant is not responsible then the jury will dismiss your claim.
Trial
A personal injury claim encompasses a range of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed for non-physical injuries such as pain and suffering and loss of companionship.
Your lawyer will conduct an investigation on your accident in the beginning stages of the case to determine the precise nature and severity of your injuries. The lawyer will then discuss the matter with the insurance company of the party at the fault. Your lawyer will keep you up-to current on any negotiations and important developments throughout the process.
If negotiations don't work, your lawyer will file a formal complaint in a court against the defendant. A Complaint, which is the first official document in a civil suit, identifies all parties, describes the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. It usually takes about approximately a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will tell you if the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. During this stage your lawyer will submit documents, medical records and other evidence to support your argument. The attorney representing the defendant will respond to these documents and the two sides will begin further negotiations.
If the parties are not able to reach a settlement, mediation or arbitration may be required before your case is put to trial. However, a substantial portion of personal injury cases settle out of court. When a settlement is reached, your lawyer must pay any businesses that have lien on the money settlement through a specific account for escrow before he or they can issue an official check.