How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. The cases typically involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff.
Your lawyer will go through your medical records along with other documents, to determine the totality and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury lawsuit the court gives them money to pay for damages. These funds may be awarded in a lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are costs that can be itemized and quantifiable for example, medical expenses and lost wages. General damages are harder to place a dollar value on, like pain and suffering and loss of enjoyment of life.
Keep a diary to record how your injuries impacted you. This will increase your chances of receiving the most compensation for any non-economic losses. This includes the impact on your relationships, your daily pain levels and bouts of mental stress, and how injuries affect your ability to participate in activities you once took for granted.
In many personal injury lawsuits there are many defendants. This is most common when a business or an individual commits reckless negligence, fraud, and criminal motives. The court may also award punitive damages to discourage others from acting in the same way.
When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants are required to respond (also known as an answering) within 30 days. Typically, defendants will deny the allegations in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will share information and evidence in this stage including depositions. This stage accounts for the majority of the time in a personal injury lawsuit timeline.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations expires you could lose the right to claim damages. It is important to consult an attorney for personal injuries as soon as you can even if you're not certain whether the incident occurred before the deadline.
A statute of limitations is a law in a state 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 begins with the date of the incident or accident which caused your injuries. The deadline to file a lawsuit for personal injuries also depends on the person you're seeking to sue. If you intend to sue an entity of municipal government (such as a county or city), the deadline will be much shorter.
There are certain circumstances which could change the statute of limitation in your particular case. For example, if you were exposed to harmful substances or suffered medical malpractice the statute of limitations may start when you realize or ought to have realized, that your injuries were the result of negligence. In certain instances, the statute of limitations may be tolled for minors.
If you submit a claim for injury after the statute of limitation has expired the defendant will likely inform the court about this and request that your lawsuit be dismissed. In this scenario, the court will dismiss your claim summarily without hearing. Nashua injury lawyer 's why it is important to consult an experienced personal injury lawyer early on to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is a formal legal document that is filed by a party who claims a cause of action and demands judicial relief. The complaint should also state the type of compensation that the plaintiff is seeking. The defendant must then respond within a specific timeframe. The defendant is usually able to reject the claim. If the defendant does not respond to the claim, a default judgment could be granted for the petitioner.
Most personal injury claims involve actual bodily injury. Your attorney will ensure that you are compensated both for the medical bills you are currently paying and any future expenses. This includes things like medications or home care, as well as physical therapy. Additionally, you can 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 known as pain and suffering.
When a complaint is made when a complaint is filed, the court will hold a preliminary meeting to schedule mandatory physical and oral examinations as well as any document production. Your lawyer will then prepare the Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including future and present medical costs loss of wages, as well as property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment as well as any other damages not monetary you are seeking. If the case is deemed to be a probable cause your case will be scheduled for public hearing. If the complaint is dismissed as a result of a decision that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff files 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 they risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which describes the damages and injuries you've suffered in greater detail. This could include photos of your injuries, medical bills and lost wages. It may also include details of the accident and how the defendant is responsible for the harm you suffered.
In the middle of a lawsuit referred to as "discovery," each party is allowed to ask questions and examine the evidence of the other party. Your attorney is crucial in this stage of negotiations because the representatives of the defendant want to have full information before making settlement offers.
Your lawyer can also ask that you undergo an examination by any doctor they choose in regard to the injuries and damages you're claiming. If you don't show up, the court may dismiss your case. Or, they may require that you pay for the doctor's examination costs.
After the discovery and inspection, attorneys from both sides may file a document 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 determine the trial date. During the trial, a jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is responsible for the accident, the jury will award you damages. If the defendant is not accountable then the jury will deny your claim.
Trial
A personal injury lawsuit involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) as well as physical injuries caused by accidents like car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like pain and suffering and loss of companionship.
Your lawyer will conduct research regarding your accident in the beginning stages of the investigation to determine the exact nature and severity of your injuries. Then, he will work with the insurance company of the at-fault company. Your attorney will keep in contact with you regarding any significant developments and negotiations throughout the process.
If negotiations don't work and your lawyer is unable to resolve the issue, he will file a formal complaint in court against defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, details the incident, alleges wrongdoing, and requests compensation. The complaint must be personally served, which means that it must be handed over physically to the defendant. It usually takes about one month. Once service is complete, the defendant must "answer" the Complaint within a specific date, which is usually 30 days.
The answer will tell you if the defendant denies or admits the allegations in the Complaint. At this point your lawyer could provide medical records, documents as well as other evidence to prove your case. The lawyer representing the defendant will submit an answer to these documents, and the two sides will then engage in further discussions.
If the parties are unable to come to an agreement, mediation or arbitration may be required prior to the trial can be held. A significant portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer has to pay any companies that have liens on the monetary settlement out of a separate escrow account before he or will issue you a check.