How Personal Injury Lawsuits Work

A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These lawsuits typically involve a party who is at the fault (defendant) and an injured party, referred to as the plaintiff.

Your lawyer will go through your medical records and other documentation to determine the extent of your injuries, expenses and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.


Damages

When a plaintiff wins in a personal injury lawsuit the court will award the plaintiff a sum of money to cover damages. These funds can be awarded as lump sums or spread out over a period of time in the settlement is structured. These funds are also known as compensatory damages. There are two kinds: general and special. Special damages are costs that can be itemized and are measurable for example, medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment of living are more difficult to quantify.

Writing down how your injuries have affected you can help improve your chances of obtaining the most money for damages that are not economic. This includes the impact on your relationships, your pain levels on a daily basis, mental anguish and your ability to do things you used to take for granted.

In many personal injury lawsuits there are multiple defendants. This is most common when an individual or business commits gross negligence, fraud, and criminal intent. The court can also award punitive damage to discourage others from doing the same thing.

After a lawsuit has been filed and the defendants are served with a summons and complaint. They must file a response, also known as an answer, within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed, the case enters an investigation known as discovery. The parties will exchange information and evidence in 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 an injury lawsuit after the statute of limitations has expired, you will likely lose the right to collect damages. It is essential to speak with an attorney in personal injury as soon as possible, even if you're not certain whether the incident occurred before the time frame.

A statute of limitations is a state law which sets a time frame on the amount of time you must file an injury lawsuit. In the majority of states, the statute of limitations runs on the date of the incident or accident which caused your injuries. The deadline to file a lawsuit for personal injury also varies depending on the person you're seeking to sue. For instance, if you are seeking to sue a municipal government entity (such as a county or city) the deadline is much shorter.

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

If you make an injury claim after the statute of limitations has expired the defendant will likely inform the court about this and ask that your case be dismissed. In this instance, the court will dismiss your claim in a hurry without hearing. That's why it is important to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim.

Complaint

A complaint is a formal legal document filed by a party who claims a cause of action and demands legal relief. The complaint should also define the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific time frame. In general the case, a defendant will not respond to the claim. If the defendant does not respond to the claim, a default judgment could be entered for the petitioner.

In the majority of cases, personal injury claims are based on actual bodily injury. Physical injuries can be expensive, and your attorney will work to ensure you are compensated for any existing medical bills, as well as any anticipated future expenses. These expenses include medication or home care as well as physical therapy. You can also claim any loss in your quality of life caused by your injury. This includes things such as the inability to walk, sleep or drive normally. This kind of injury is known as suffering and pain.

If a complaint is filed and the court is notified, they 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 report of your injuries. It will include all the losses you have suffered including the cost of your present and future medical expenses, 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 the case is deemed to be probable cause the case will be scheduled for a public hearing. If the complaint is dismissed because of a determination that there is no probable cause, or because the court does not have jurisdiction, you can appeal the decision.

Summons

The formal lawsuit process begins with a summons and a complaint. The plaintiff files 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 they risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries suffered by you in greater 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 believe the defendant is responsible for the injury.

During the middle part of a lawsuit, also known as "discovery," each party has the opportunity to ask questions and examine evidence held by the other party. Read Significantly more will need to be armed with all the information they need prior to making settlement offers, therefore your attorney plays a significant role in negotiations during this time.

Your lawyer can also request that you be examined by a doctor of their choosing regarding the injuries and damages you're claiming. If you fail to show up, the court may dismiss your case. Or, they may require that you pay for the doctor's examination costs.

After discovery and inspection, attorneys on both sides can file a form called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is prepared to go to trial. The judge will then schedule the trial. During the trial the jury will determine if the defendant is at fault for the accident and injuries. If the defendant is responsible 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 range injuries, such as emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries such as suffering and pain, as well as loss of companionship.

Your lawyer will conduct an investigation on the accident during the early stages of the case to determine the exact cause and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your attorney will stay in touch with you about any significant developments and will also negotiate throughout the entire process.

If negotiations are unsuccessful, your lawyer will file a formal complaint in court against defendant. A Complaint, the first official document of civil lawsuits, names all parties, outlines the incident, and claims that there was wrongdoing. It also requests compensation. The complaint must be personally served, which means that it must be physically handed to the defendant. This usually takes a month. After service is completed, the defendant must "answer" the Complaint within a specific date, which is usually 30 days.

The answer explains whether the defendant admits to the allegations made in the Complaint or denies them. In this phase your lawyer will submit medical records, documents as well as other evidence to prove your case. The defendant's attorney will respond to these documents and the two sides will begin further negotiations.

If the parties cannot reach an agreement, then mediation or arbitration could be required prior to a trial can take place. A significant portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the settlement through a specific escrow account before he or she will write you a check.