How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for injuries or losses. These lawsuits typically involve a person at fault (defendant) and an injured party known as the plaintiff.
Your lawyer will review your medical records and other documents, to determine the full extent and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in a personal injury claim, the court gives the plaintiff money to pay damages. The money can be awarded as a lump sum or spread out over a time period or as part of the settlement is structured. These funds are known as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be listed like medical bills and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of living, are more difficult to quantify.
Keeping a journal detailing how your injuries have affected the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to do things you once took for granted.
In a lot of personal injury cases, more than one defendants are at fault. This is most common when a person or business is guilty of fraud, criminal intent, and gross negligence. The court can also award punitive damage to deter other people from doing the same thing.
Once a lawsuit is filed the defendants will be served with a summons and complaint. They will then be required to respond, also known as an answer, within 30 days. Typically, defendants not deny the allegations contained in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. Reno injury attorneys will share information and evidence in this stage and may even conduct depositions. This is the stage that accounts for the majority of time in the timeline of personal injury lawsuits.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is possible that you'll lose your right to receive damages. This is why it's important to talk to an attorney for personal injury about your case early, even if you are not certain if the incident happened within the deadline.
A statute of limitation is a law of the state that establishes a deadline for filing a lawsuit. In many states the statute of limitations begins on the date that the accident or incident caused your injuries. The time limit for filing an injury lawsuit is dependent on the person you are suing. If you are suing an entity of municipal government (such as city or county) the deadline is shorter.
There are also certain situations which could change the statute of limitations in your particular case. If you were exposed to toxic substances or suffered from medical malpractice, for example, the statute of limitation may begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In some cases, the statute of limitations is tolled for minors.
If you file a personal injury claim after the time limit has expired the defendant will likely point this out to the court and ask for the case to be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without a hearing. This is why it's important to speak with a seasoned personal injury lawyer early to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is a formal legal document filed by a plaintiff that asserts an action, and a demand for legal relief. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a specified time frame. A defendant is likely to reject the claim. If the defendant does not respond, a default judgment may be granted for the petitioner.
Personal injury claims are typically founded on bodily injury. Your attorney will ensure that you receive compensation for medical bills currently incurred as well as any future expenses. These expenses include medications or home care as well as physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes things such as the inability to walk, drive, or sleep normally. This type of damages is known as pain and suffering.
If a complaint is filed when a complaint is filed, the court will hold a preliminary meeting to schedule the mandatory oral and physical examinations as well as any document production. After the conference your lawyer will draft the Bill of Particulars. It will provide a full description of your injuries. This will include your losses including your future and current medical expenses, lost wages and property damage. Your lawyer will also detail the possible emotional distress or disfigurement, loss of enjoyment of life, and any other damages that you're seeking. If your case is found to be a probable cause you will be scheduled for an open hearing. If your complaint is rejected due to a finding of no probable reason or because the court lacks authority, you can appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff file a complaint with the court and then sends the defendant a copy via certified or registered post within a specific time. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. This could include photos of your injuries, medical expenses and lost wages. It also contains details about the accident and what the defendant is responsible for your harm.
In the middle of a lawsuit, called "discovery" in which each party is given the chance to ask questions and examine evidence held by the other party. The defendant's representatives will need to have all the facts before making settlement offers, therefore your attorney will play a crucial role in negotiations during this time.
Your lawyer may also request to have you examined by a doctor they select for the damages or injuries you're claiming. If you fail to attend, the court may dismiss your case. Or order that you pay for the doctor's examination costs.
After a discovery and inspection, attorneys from both sides can file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is ready to go to trial. The judge will then determine an appointment date for the trial. During the trial the jury will decide if the defendant was responsible for the accident as well as the injuries you sustained. If the defendant is responsible, the jury may award you damages. If the defendant is not accountable then the jury will dismiss your claim.
Trial
Personal injury claims can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents like car crashes and falls. In addition, lawsuits can also be filed for physical injuries, such as suffering and pain, as well as loss of companionship.
Your lawyer will conduct research regarding your accident in the initial stages of the investigation to determine the exact 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 stay in touch with you about any significant developments and will also negotiate throughout the entire process.
After negotiations fail and your lawyer is unable to resolve the issue, he will file a formal complaint in court against defendant. A Complaint, the first official document of civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. It usually takes about a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will tell you if the defendant acknowledges the allegations in the Complaint or refuses to acknowledge them. In this phase your lawyer could submit documents, medical records 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 reach an agreement and mediation or arbitration might be required prior to your case is put to trial. A significant portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer must pay any businesses that have lien on the award out of a special account for escrow before he or they can issue a check.