How Personal Injury Lawsuits Work

A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These lawsuits typically involve a person who is at the fault (defendant) and an injured party known as the plaintiff.


Your attorney will review your medical records and other documentation to determine the extent of your injuries, costs and damages. This will help them prepare and negotiate with the insurance company for you.

Damages

If a plaintiff prevails in a personal injury lawsuit the courts award them money to cover their losses. These funds can be awarded as an amount in one lump sum or spread over a time period in an agreed settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized, such as medical bills and lost earnings. General damages are more difficult to place a dollar value on, such as the suffering and pain, and the loss of enjoyment of life.

Keep a diary of the way your injuries have affected you your chance of winning the most money for damages that are not economic. This includes the impact on your relationships, your daily pain levels, and episodes of mental anxiety, and how your injuries impact your ability to engage in activities you once took for granted.

In many personal injury lawsuits there are multiple defendants. This is especially common when an individual or business commits gross negligence, fraud, and criminal motives. The court may also award punitive damage to discourage others from engaging in the same manner.

The defendants are served with an order with a complaint after the lawsuit has been filed. The defendants are required to provide a response (also known as an answering) within 30 days. Typically, defendants deny the allegations in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. The parties will share information and evidence during this phase 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 a lawsuit for injury after the statute of limitations has expired, you will likely lose your right to recover damages. That's why it is important to talk to a personal injury lawyer about your case as early as possible even if not sure if the incident happened within the deadline.

A statute of limitations is a law of the state that sets a time limit on the amount of time you can file an injury lawsuit. In the majority of states, a statute of limitations begins on the date on which the accident or incident caused your injuries. The time frame for filing an injury lawsuit also depends on the party you are seeking to sue. If you want to sue an entity of 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 particular case. For example, if you were exposed to toxic substances or suffered medical malpractice The time limit may begin when you discover or ought to have realized, that your injuries were the result of negligence. In certain cases, the statute of limitations can be tolled for minors.

If you submit a claim for injury after the statute of limitations has expired, your defendant will likely tell the court about this and request to dismiss your claim. In this scenario the court will dismiss your claim summarily without hearing. It is important to consult an attorney for personal injuries as soon as possible to discuss your case to determine if you can make a legal claim.

Complaint

A complaint is an official legal document filed by a party who alleges a cause for action and seeks legal relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a specified timeframe. In general, a defendant will deny the claim. If the defendant fails to respond, a default judgment may be entered for the petitioner.

Personal injury claims are typically caused by bodily injury. Physical injuries can be costly, and your attorney will work to ensure you are compensated for any existing medical bills and any anticipated future expenses. This includes things like medications, home care and physical therapy. You can also claim for any loss of quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as suffering and pain.

The court will set up an initial conference once a complaint has been filed to schedule any mandatory oral or physical examinations as well as the production of any documents. After the conference your lawyer will draft a Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses which include the cost of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will also outline the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that you're seeking. If the case is deemed to be probable cause, your case will be scheduled for public hearing. If the complaint is dismissed because of a ruling that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision.

Summons

The formal lawsuit process begins with a summons and a complaint. The plaintiff file a complaint with the court and then 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 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 also contains details about the accident and how you believe the defendant is responsible for the damage.

In the middle of a lawsuit, referred to as "discovery" in which each party is given the chance to ask questions and look over evidence provided by the opposing party. The defendant's representatives will want to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time.

Your lawyer can also ask to have you examined by a doctor of their choosing in relation to the damages and injuries you're seeking. If you do not attend, the judge could dismiss your case or order that you pay the defendant for the costs of their examination.

After the discovery and inspection, attorneys from both sides can file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is ready to go to trial. The judge will then decide a trial date. During the trial the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is at fault the jury could award you damages. If the defendant is not liable then the jury will deny your claim.

Trial

Personal injury claims can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries such as pain and suffering and loss of companionship.

In the initial stages of your case the lawyer will investigate your accident in order to fully comprehend what happened and the magnitude of your damages. The lawyer will then engage with the insurance company of the party at fault. Your attorney will keep in touch with you about any significant developments and negotiations throughout the entire process.

If negotiations fail the lawyer will submit a formal complaint to court against the defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, details the incident, alleges wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. This usually takes around one month. After service has been completed, the defendant must "answer" the Complaint within a specified time, which is usually 30 days.

The answer will explain whether the defendant denies or acknowledges the allegations made in the Complaint. In this phase, your lawyer may provide medical records, documents as well as other evidence to prove your argument. Bethlehem injury attorney representing the defendant will respond to these documents, and then the two sides will start discussions.

If the parties can't come to an agreement, mediation or arbitration could be required before a trial can take place. A significant portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have liens on your award from a specific account before distributing a check.