How Personal Injury Lawsuits Work A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. In these situations, the defendant is usually the person who is at fault. The plaintiff is usually the injured party. Your attorney will examine your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury claim, the court awards them money to pay for damages. The funds may be awarded as an amount in one lump sum or spread out over a time period, as part if the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are those that can be quantified that can be itemized for medical expenses and lost earnings. General damages, like discomfort and pain, as well as loss of enjoyment of living, are more difficult to quantify. Writing down how your injuries have affected you can help improve your chance of winning maximum compensation for non-economic damages. This includes the effect on your relationships, daily pain levels, mental anguish and your ability to perform things you once took for granted. In many personal injury cases, multiple defendants are responsible. This is most common when a business or an individual acts with gross negligence, fraud, and criminal motives. The court can also award punitive damages to deter others from committing the same way. The defendants will receive a summons with an accusation once a lawsuit has been filed. They are then required to submit a response which is also known as an answer within 30 days. Usually, the defendants deny the allegations made in the complaint. Once the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will exchange information and evidence in this stage, including taking depositions. This stage takes up the majority of the timeline for personal injuries. 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 the right to damages. That's why it is important to consult a personal injury lawyer about your case early even if not sure if the accident happened within the deadline. A statute of limitations is a law of the state that sets a deadline on how long you can file an injury lawsuit. In the majority of states the statute of limitations begins on the date of the accident or incident that caused your injuries. The deadline to file a lawsuit for personal injuries also varies depending on the person you are seeking to sue. For instance, if want to sue a municipal government entity (such as a city or county), the deadline is much shorter. Additionally, there are certain situations that could alter the statute of limitations in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for instance the statute of limitations may begin when you discover or ought to have known that your injuries are the result of negligence. In certain instances the statute of limitations can be extended for minors. If you file an injury claim after the statute of limitations has expired the defendant will most likely to inform the court and request the dismissal of your lawsuit. In this instance the court will dismiss your claim without a hearing. This is why it's crucial to speak with a seasoned personal injury lawyer early to discuss your case and determine whether you have a valid legal claim. Complaint A complaint is a formal legal document filed by a party that asserts a cause of action and seeks the judicial remedy. The complaint must also specify the type of compensation that the plaintiff seeks. The defendant is then obliged to respond within a certain timeframe. A defendant is likely to decline to respond. If YouTube does not respond to the claim, a default judgement may be granted in favor of the petitioner. Personal injury claims are usually caused by bodily injury. Your attorney will make sure that you receive compensation for the medical bills you are currently paying and any future costs. These costs include medical expenses, home care, and physical therapy. You may also be able to claim any loss in your quality of life that is caused by your injury. This includes the inability to sleep, drive or walk normally. This type of damages is known as pain and suffering. When a complaint is filed when a complaint is filed, the court will hold a preliminary conference to set the date for 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. It will include all your losses including the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also outline the alleged emotional distress, disfigurement, loss of enjoyment of life, and any other damages that are not monetary you are seeking. If the case is deemed to have probable cause your case will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause, or because the court doesn't have jurisdiction, you may appeal the decision. Summons The formal lawsuit process begins with a summons and a complaint. The plaintiff submits a complaint to 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 default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in more detail. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you believe the defendant is responsible for the harm. In the middle of a lawsuit, also known as discovery, each party gets to ask questions and examine the evidence of the other party. Your attorney is crucial in this phase of negotiations since the representatives of the defendants want complete information before they make settlement offers. Your lawyer may also request that you are examined by a physician they select in relation to the injuries or damages you're seeking. If you don't take part, the judge may dismiss your case, or demand that you pay the defendant for the cost of their examination. After 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 for trial. The judge will then set the date for the trial. During the trial the jury will decide if the defendant is at fault for the accident and injuries. If the defendant is responsible the jury could award you damages. If the defendant isn't accountable, the jury will reject your claim. Trial A personal injury claim can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. In addition, lawsuits can also be filed over non-physical injuries like pain and suffering and loss of companionship. Your lawyer will conduct research on your accident in the initial stages of the case to determine the precise nature and severity of your injuries. He or she will then negotiate with the insurance company of the party who is at the fault. Your attorney will keep you up-to the minute on any negotiations or important developments throughout the process. If negotiations don't work, your lawyer will file an official complaint in the court against 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 demands compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. This usually takes a month. After service, the defendant will have 30 days to answer the Complaint. The answer is whether the defendant admits to the allegations in the Complaint or refuses to acknowledge them. At this point your lawyer will submit documents, medical records and other evidence to back your argument. The lawyer representing the defendant will submit an answer to these documents and the two parties will continue to negotiate. If the parties are unable to come to an agreement, mediation or arbitration may be required prior to your case is put to trial. However, a large percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer must pay any companies that have lien on the settlement out of a separate escrow account before he or they can issue an official check.
YouTube
