How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these instances the defendant is typically the one who is at fault. The plaintiff is usually the victim.
Your lawyer will review your medical records along with other documentation, to determine the totality and cost of your injuries and damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins an injury lawsuit, the courts award them funds to cover their losses. The money can be awarded as an amount in one lump sum or spread over a period of time, as part if an agreed settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are measurable costs that can be categorized for medical expenses and lost earnings. General damages are difficult to put a dollar amount on, like pain and suffering and loss of enjoyment.
Writing down the way your injuries have affected you you can help improve your chances of obtaining the most money for damages that are not economic. These include the effects on your relationships, daily pain levels, and episodes of mental stress, and how your injuries affect your ability to participate in activities you once took for taken for granted.
In many personal injury lawsuits there are multiple defendants. This is most common when a business or person acts with criminal intent, fraud, and gross negligence. The court may also award punitive damages to deter others from acting in a similar way.
When a lawsuit is filed the defendants will be served with a summons and complaint. The defendants are required to provide a response (also known as an answering) within 30 days. Usually, the defendants deny the allegations in the complaint. After the answer has been filed, the case enters the phase of fact-finding, also known as discovery. Both parties will exchange information and evidence during this phase and may even conduct depositions. This phase takes up the majority of a personal injury timeline.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitations expires, it's likely that you will lose your right to receive damages. It is important to consult an attorney for personal injuries as soon as you can even if you're not sure whether the accident occurred before the deadline.
A statute of limitation is a law of the state that sets a deadline for filing an action. In many states the statute of limitations begins on the date that the accident or incident caused your injuries. The time frame for filing a lawsuit for injury also depends on who you are seeking to sue. If you want to sue an entity of municipal government (such as a county or city), the deadline is shorter.
There are other situations which could change the statute of limitations in your case. For example, if you were exposed to harmful substances or a victim of medical malpractice, the statute of limitations could begin when you realize or should have discovered, that your injuries were caused by negligence. In some cases, the statute of limitations may be extended for minors.
If you make an injury claim after the statute of limitations has expired the defendant will likely tell the court about this and request to dismiss your claim. If this occurs, the court will dismiss your claim on the spot without 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 a formal legal document filed by a person who alleges an actionable cause and demands the judicial remedy. The complaint should also state the type of relief the plaintiff seeks. The defendant must then respond within a specific time period. In general, a defendant will deny the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor.
Most personal injury claims can result in bodily injury. Nashua can be very expensive, and your lawyer will work to ensure that you are compensated for any existing 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 compensation for any loss in quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damages is referred to as suffering and pain.
If a complaint is filed when a complaint is filed, the court will hold a preliminary meeting to plan mandatory physical and oral examinations as well as any document production. Your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. This will include your losses including future and present medical costs, lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment and any other damages not monetary you seek. If the case is found to be a probable cause, your case will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable reason or because the court lacks jurisdiction, you may appeal the decision.
Summons
The formal lawsuit begins with the issue of a summons. The plaintiff submits a complaint to the court and then sends the defendant a copy by certified or registered post within a specified time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which sets out the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you believe the defendant is responsible for the damage.
During the middle part of a lawsuit referred to as "discovery," each party gets to ask questions and inspect evidence that is held by the other party. Your attorney is crucial in this phase of negotiations as the representatives of the defendant want to have complete information prior to making settlement offers.
Your lawyer can also request to see you by a doctor they select in connection with the damages or injuries you're seeking. If you don't attend, the court could dismiss your case. Or order that you pay for the defendant's examination costs.
After discovery and inspection have been completed, the lawyers on both sides may submit a document referred to as an "Notice of Issue and Statement of Readiness for Trial." This informs the court that your case is ready to go to trial. The judge will then set the date for a trial. During the trial, a jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is liable and the jury awards you damages. If the defendant is not responsible then the jury will dismiss your claim.
Trial
Personal injury lawsuits can cover a wide variety of injuries, including emotional distress, wrongful death (libel or slander) and physical injury from accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries such as the suffering of others and loss of companionship.
In the early stages of your case, your lawyer will research the accident to determine what occurred and the extent of your injuries. Then, he or she will work with the insurance company of the at-fault company. Your attorney will keep you up to date on any negotiations and significant developments throughout this process.
After negotiations have failed, your lawyer will file a formal complaint in the court against the defendant. A complaint is the first official document in a civil suit that identifies the parties, describes the incident, claims that there was wrongdoing, and seeks compensation. The complaint must be served personally, which means that it must be physically handed to the defendant. It usually takes about one month. After service, the defendant has 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or accepts the allegations made in the Complaint. During this stage, your lawyer may provide medical records, documents and other evidence to back your case. The lawyer representing the defendant will then reply to these documents and then the two sides will start discussions.
If the parties are unable to reach an agreement, then mediation or arbitration could be required prior to a trial can take place. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any companies that have lien on your monetary award through a specialized escrow fund before issuing you the check.