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How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these situations the defendant is typically the one who is at fault. The plaintiff is typically the party who is injured.
Your lawyer will review your medical records, as well as other documents, to determine the totality and cost of your injuries and the damages. This will allow them to prepare and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in a personal injury claim the judge will award the plaintiff a sum of money to cover damages. The funds can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be itemized and are measurable, such as medical expenses and lost wages. General damages, such as discomfort and pain, as well as loss of enjoyment of life, are more difficult to quantify.
Keep a diary to record the way your injuries affected your life. This will increase your chance of receiving the maximum amount of compensation for any non-economic losses. This includes the impact on your relationships, daily pain levels and bouts of mental stress and how your injuries impact your ability to engage in the activities you used to take for granted.
In many personal injury lawsuits there are many defendants. This is most common when a business or person is guilty of fraud, criminal intent and gross negligence. The court can also award punitive damages to deter others from acting in the same manner.
When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants must submit a response (also known as an answering) within 30 days. Usually, 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. This is when the parties exchange pertinent information and evidence, which includes depositions under an oath. 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 limitation expires, it's likely that you will lose your right to receive damages. That's why it is important to speak with an attorney for personal injury about your case early on, even if you are not certain if the incident happened within the deadline.
Killeen injury attorneys of limitations is a law in a state that establishes a deadline for filing lawsuits. In many states, a statute of limitations begins on the date on which the accident or incident led to your injuries. The deadline to file a lawsuit is dependent on the person you are suing. If you want to sue an entity of municipal government (such as city or county), the deadline is shorter.
There are also certain situations that may change the statute of limitations in your case. If you were exposed toxic substances or suffered from medical malpractice, for example, the statute of limitation can begin when you discover or reasonably should have known that your injuries are the result of negligence. In certain instances, the statute of limitations is tolled for minors.
If you file a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and request that your lawsuit be dismissed. If this happens, the court will summarily dismiss your claim without hearing. That's why it is important 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 legal document filed by a plaintiff that asserts an action and demands the judicial remedy. The complaint should also indicate the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specific timeframe. The defendant is usually able to deny the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner.
In most cases, personal injury claims involve actual bodily harm. Your attorney will ensure that you are compensated both for the medical bills you are currently paying and any future expenses. These expenses include medication as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is called pain and suffering.
The court will set up an initial conference once the complaint has been filed to 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. This will include the losses you have suffered including your future and current medical costs as well as lost wages and property damage. Your lawyer will also describe the possible emotional distress or disfigurement, loss of enjoyment of life and any other non-monetary damages you are seeking. If the case is found to be probable cause the case will be scheduled for public hearing. If your complaint is rejected due to a finding of no probable cause or because the court lacks jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons and complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy by registered or certified mail within a specific time. 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 describes the injuries and damages you've sustained 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 believe the defendant is accountable for the injury.
During the middle part of a lawsuit referred to as "discovery," each party is allowed to ask questions and inspect evidence held by the other party. The defendant's representatives will want to have all the facts before making settlement offers, therefore your attorney will play an important role in negotiations during this time.
Your lawyer may also request to have you examined by a doctor of their choosing in regard to the injuries and damages you're claiming. If you do not attend, the court may dismiss your case. Or order that you pay for the defendant's examination costs.
After discovery and inspection, attorneys on both sides can file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is prepared for trial. The judge will then schedule a trial. During the trial the jury will determine if the defendant is at fault for the accident and injuries. If the defendant is at fault and the jury awards you damages. If the defendant isn't accountable, the jury will reject your claim.
Trial
A personal injury case involves a wide range of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed to address non-physical injuries like the suffering of others and loss of companionship.
Your lawyer will conduct a thorough investigation on your accident in the initial stages of the case to determine the exact cause and the extent of your injuries. Then, he or she will work with the at-fault party's insurance company. Your attorney will keep you up-to current on any negotiations and important developments throughout the process.
Once negotiations have failed, your lawyer will submit a formal complaint to court against the defendant. A Complaint, which is the first official document filed in civil lawsuits, names all parties, outlines the incident and lays out allegations of wrongdoing. It also demands compensation. The complaint must be served personally and must be physically handed to the defendant. This typically takes about one month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or acknowledges the allegations made in the Complaint. During this phase your lawyer will be able to submit medical records, documents as well as other evidence in support of your case. The attorney representing the defendant will then respond to these documents and the two sides will begin further negotiations.
If the parties are unable to reach an agreement, mediation or arbitration may be required prior to your case is put to trial. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any businesses with liens on your monetary award from a specific escrow fund before issuing you the check.