How Personal Injury Lawsuits Work

Personal injury lawsuits are civil disputes over compensation for losses or injuries. The cases typically involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff.

Your lawyer will review all medical records and other documentation, in order to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company.

Damages

When a plaintiff wins a personal injury lawsuit, the courts award them money to pay for their damages. The money can be awarded as lump sums or spread out over a time period, as part if the settlement is structured. These funds are known as compensatory damages. There are two kinds: general and special. Special damages are the ones that can be quantified that can be categorized, such as medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment of life, are more difficult to quantify.


Keep a diary to record how your injuries impacted you. This increases your chances of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anxiety and how your injuries impact your ability to take part in activities you once took for granted.

In a majority of personal injury cases, more than one defendants are at fault. This is most common when a person or business acts with the most blatant negligence, fraud and criminal motives. The court may also award punitive damages to deter others from acting in a similar manner.

The defendants are served with a summons along with a complaint once a lawsuit has been filed. The defendants are required to submit a response (also called an answer) within 30 days. Typically, defendants deny the allegations in the complaint. After the answer has been filed, the case is moved to an investigation known as discovery. The parties will exchange information and evidence during this phase, including taking depositions. This stage accounts for the majority of time in the timeline of personal injury lawsuits.

Statute of limitations

If you file a lawsuit for injury after the statute of limitations expires you could lose the right to collect damages. It is crucial to speak with an attorney in personal injury whenever you can, even if you're not sure whether the accident occurred within the deadline.

A statute of limitations is a law in a state that establishes a deadline for filing an action. In many states, the statute of limitations starts on the date of the incident or accident that caused your injuries. The deadline for filing a lawsuit for injury also depends on the party you are seeking to sue. If you are suing an entity of municipal government (such as the city or county) the deadline will be much shorter.

There are other situations that could alter the time limit in your case. For instance, if were exposed to toxic substances or suffered medical negligence the statute of limitations may start when you realize or should have discovered, that your injuries were caused by negligence. In certain cases, minors are exempt from the statute of limitation.

If you file an injury claim after the statute of limitation has expired the defendant will likely inform the court about this and ask that your case be dismissed. In this case the court will decide to dismiss your claim without a hearing. It is crucial to speak with an attorney who specializes in personal injury immediately to discuss your case to determine if you are eligible to file a legal claim.

Complaint

A complaint is a formal legal document filed by a party that alleges a cause for action and demands the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant must then respond within a specific time frame. A defendant is likely to decline to respond. If the defendant does not respond to the claim, a default judgment could be granted in favor of the petitioner.

Personal injury claims are generally based on actual bodily harm. Physical injuries can be expensive, and your attorney will work to ensure you get paid for any existing medical bills, as well as any future expenses you anticipate. These costs include medical expenses, home care, and physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of damage is known as suffering and pain.

The court will call an initial conference once the complaint has been filed. The court will schedule any mandatory oral or physical examinations as well as the production of any documents. Following the conference your lawyer will draft the Bill of Particulars. It is a thorough description of your injuries. It will include all the losses you have suffered which include the cost 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 as well as any other damages not monetary you're seeking. If the case is found to be probable cause your case will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable cause or because the court lacks jurisdiction, you may appeal the decision.

Summons

The formal lawsuit begins with the issue of a summons. The plaintiff files a complaint with the court and sends the defendant a copy of the complaint via certified or registered post within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the injuries and damages you've suffered more fully. It could include photographs of your injuries, medical bills and lost wages. The document will also contain information about the accident and how you think the defendant is accountable for the harm.

During the middle phase of a lawsuit, called "discovery" in which each party is able to ask questions and examine evidence held by the other party. Your attorney is crucial during this stage of negotiations because the representatives of the defendants want complete information prior to making settlement offers.

Your lawyer can also ask that you undergo an examination by the doctor of their choice in regard to the injuries and damages you're claiming. If you fail to take part, the judge may dismiss your case or require that you pay the defendant their examination costs.

After discovery and inspection have been completed, the lawyers on both sides may submit a document referred to as a "Notice of Issue" and a "Statement of Readiness for Trial." This informs the court that your case is prepared to go to trial. The judge will then decide on the trial. During the trial, the jury will determine if the defendant is responsible for the accident and the injuries you suffered. If the defendant is responsible the jury could award you damages. If the defendant isn't accountable then the jury will dismiss your claim.

Trial

A personal injury lawsuit can result in a variety of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit could also be filed for physical injuries such as discomfort and pain, as well as loss of companionship.

In the early stages of your case, your lawyer will research the accident to determine what happened and the magnitude of your damages. Then, he or she will work with the insurance company of the at-fault company. Your lawyer will keep you informed and up to the minute on any negotiations or significant developments during this process.

If negotiations fail, your lawyer will make a formal complaint to the court against the defendant. A complaint, the first official document filed in a civil suit, identifies all parties, details the incident, and claims that there was wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. It typically takes a month. After service, the defendant has 30 days to "answer" the Complaint.

Murrieta injury attorney explains whether the defendant admits to the allegations made in the Complaint or denies them. In this stage, your lawyer can provide medical records, documents, and other evidence in support of your case. The attorney representing the defendant will then respond to these documents and then the two sides will begin discussions.

If the parties cannot come to an agreement, mediation or arbitration could be required before 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 from a special account before distributing the check.