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How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving the compensation for losses or injuries. The cases typically involve a person at fault (defendant) and an injured party known as the plaintiff.
Your attorney will review your medical records and other documents to assess the full extent of your injuries, costs and damages. This will help them prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff is successful in an injury lawsuit, the courts award them funds to pay for their damages. The money can be awarded in lump sums or spread over a time period, as part if a structured settlement. These funds are known as compensatory damages. There are two kinds: general and special. Special damages are those that can be categorized and are measurable like medical expenses and lost wages. General damages are difficult to quantify a dollar amount on, such as pain and suffering and loss of enjoyment.
Keep a diary of the way your injuries have affected you you can help improve the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to do things you once took for granted.
In many personal injury cases, multiple defendants are responsible. This is especially common when a person or business is guilty of reckless negligence, fraud, and criminal intention. Jersey City injury lawsuits can also award punitive damages to deter other people from doing the same thing.
The defendants will receive a summons along with a complaint once the lawsuit has been filed. The defendants will be required to submit a response (also called an answer) within 30 days. Usually, the defendants deny the allegations in the complaint. After the answer has been filed, the case is moved to the phase of fact-finding, also known as discovery. This is the time when both parties will share relevant information and evidence, including taking depositions under an oath. This is the majority of the personal injury timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations runs out, you will likely lose your right to recover damages. It is essential to speak with an attorney in personal injury whenever you can, even if you're not certain whether the incident occurred within the timeframe.
A statute of limitations is a law in a state that sets a time limit on how long you can file an injury lawsuit. In many states, the statute of limitations begins on the date of the accident or incident that caused your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the person you're suing. For example, if you are seeking to sue a municipal government agency (such as a city or county), the deadline is much shorter.
There are other situations that could alter the statute of limitations in your case. If you were exposed toxic substances or were the victim of medical malpractice, for instance the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In certain instances the statute of limitations can be tolled for minors.
If you file a personal injury claim after the statute of limitations has expired the defendant will likely point this out to the court and request the case to be dismissed. In this case the court will dismiss your claim without hearing. It is essential to contact an attorney for personal injuries immediately to discuss your case and determine if you have an official claim.
Complaint
A complaint is a legal formal document filed by a person who asserts an action and demands the judicial remedy. The complaint must also specify the type of compensation that the plaintiff seeks. The defendant must then respond within a specific timeframe. In general the event of a denial, the defendant will deny the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner.
Personal injury claims are typically founded on bodily injury. Your attorney will ensure that you get paid for medical bills currently incurred and any future expenses. These expenses include medication, home care, and physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes things like being unable to walk, drive, or sleep normally. This kind of damage is known as pain and suffering.
The court will call the preliminary conference after the complaint is filed. The court will schedule any mandatory oral or physical examinations and also the production of any documents. Following the conference your lawyer will draft a Bill of Particulars. This is a detailed description of your injuries. It will include your losses including your future and current medical expenses, lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in life and any other damages not monetary you are seeking. If the case is determined to be probable cause the case will be scheduled for a public hearing. If your complaint is rejected because of a determination of no probable cause or because the court does not have authority, you can appeal the decision.
Summons
The formal process of a lawsuit begins with a summons as well as a complaint. The plaintiff submits a complaint to the court and then sends the defendant a copy via certified or registered post within a certain time frame. The defendant must respond, or else risk a default judgment against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which describes the damages and injuries you've suffered in greater detail. This may include photos of your injuries, medical expenses and lost wages. The document also contains details regarding the accident and why you think the defendant is responsible for the damage.
In the middle of a lawsuit, called "discovery" in which each party is given the chance to ask questions and look over evidence provided by the other party. Your lawyer will be crucial in this phase of negotiations because the representatives of the defendant want to have full information before making settlement offers.
Your lawyer can also request that you undergo an examination by any doctor they choose regarding the injuries and damages you're claiming. If you don't attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs.
After discovery and inspection have been completed, the lawyers on both sides may file something called a "Notice of Issue and Statement of Readyness for Trial." This informs the court that your case is prepared to go to trial. The judge will then determine an appointment date for the trial. During the trial the jury will decide whether the defendant is responsible for the accident and injuries. If the defendant is responsible and the jury awards you damages. If the defendant is not accountable, the jury will deny your claim.
Trial
A personal injury case can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries such as suffering and pain, as well as loss of companionship.
Your lawyer will conduct research on your accident in the initial stages of the case to determine the exact nature and severity of your injuries. Then, he will negotiate with the insurance company. Your attorney will stay in touch with you on any significant developments and negotiations throughout the process.
After negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in a court against the defendant. A Complaint, which is the first official document filed in a civil suit, lists all parties, outlines the incident and alleges wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to him or her. It typically takes approximately a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will tell you if the defendant admits to the allegations in the Complaint or denies them. In this stage, your lawyer can provide medical records, documents as well as other evidence in support of your case. The defendant's attorney will then respond to these documents and the two sides will start further negotiations.
If the parties cannot come to an agreement, mediation or arbitration may be required prior to trial can begin. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any businesses that have lien on your monetary award through a specialized money escrow before distributing a check.