17 Reasons You Shouldn't Avoid Injury Claim Compensation
How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for injuries or losses. These cases often involve a party who is at the fault (defendant) and an injured party referred to as the plaintiff.
Your lawyer will go through your medical records and other documentation to assess 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 lawsuit, the judge will award them money to pay for damages. The funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized like medical bills and lost earnings. General damages, like pain and discomfort and loss of enjoyment of life are more difficult to quantify.
Keep a journal to document the way your injuries affected your life. This increases your chances of receiving the most compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels mental stress and your ability to do activities you used to take for granted.
In a majority of personal injury cases, multiple defendants are accountable. This is most common when a business or an individual acts with gross negligence, fraud, and criminal intention. The court can also award punitive damage to discourage others from engaging in the same manner.
When a lawsuit is filed the defendants will be served with a summons and complaint. The defendants are required to provide a response (also called an answer) within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer has been filed, the case moves to the phase of fact-finding, also known as discovery. This is where the parties exchange pertinent information and evidence, including taking depositions under oath. This stage takes up the majority of the timeline for personal injuries.
Statute of limitations
If you file an injury lawsuit after the statute of limitations runs out you could lose the right to claim damages. That's why it is important to consult an attorney who specializes in personal injury to discuss your case early even if not sure if the incident occurred within the timeframe.
A statute of limitations is a law in a state that sets a deadline for filing lawsuits. In many states the statute of limitations begins on the date of the accident or incident which caused your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the person you are suing. For instance, if you want to sue a municipal government agency (such as a county or city) the deadline is shorter.
In addition there are certain circumstances that could alter the statute of limitations in your case. If you were exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize or reasonably should have known that your injuries are due to negligence. In certain instances minors are exempt from the statute of limitation.
If you make an injury claim after the statute of limitations has expired, your defendant will likely inform the court of this and request that your case be dismissed. In this instance, the court will dismiss your claim summarily without hearing. This is why it's crucial to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a formal legal document that is filed by a party that asserts a cause of action and demands legal relief. The complaint must also state what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified time period. In general, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner.
Personal injury claims are generally based on actual bodily harm. Your lawyer will ensure that you are compensated both for medical bills currently incurred as well as any future expenses. This includes things like medications as well as home care and physical therapy. In addition, 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 damage is known as suffering and pain.
If a complaint is filed and the court is notified, they will hold a preliminary meeting to set the date for mandatory physical and oral examinations as well as any document production. Your lawyer will then draft an Bill of Particulars. It will provide a full description of your injuries. It will include all of your losses, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in life and any other non-monetary damages that you're seeking. If your case is determined to be a probable cause you will be scheduled for an open 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 process starts with a summons and a complaint. The plaintiff files the complaint with a court and sends a copy of the document to the defendant via registered or certified mail within a specific timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injuries attorney will file a Bill of Particulars that outlines the damages and injuries suffered by you in greater detail. It could include photographs of your injuries, medical bills and lost wages. It may also include details of the incident and the manner in which the defendant is accountable for your injuries.
During the middle phase of a lawsuit, called "discovery", each party is given the chance to ask questions and review evidence presented by the other party. Your attorney will be important during this stage of negotiations since the representatives of the defendant want to have full information before making settlement offers.
Your lawyer can also request to see you by a doctor they select in relation to the injuries or damages you're claiming. If you fail to attend, the judge could dismiss your case, or demand that you pay the defendant for their examination costs.
After the discovery and inspection process is completed, lawyers on both sides may file a document known as an "Notice of Issue and Statement of Readyness for Trial." This informs the court that your case is now ready to go to trial. The judge will then set the date for the trial. During the trial, the jury will decide if the defendant is responsible for the accident and the injuries you sustained. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not responsible and the jury denies 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, such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries such as suffering and pain, as well as loss of companionship.
Your lawyer will conduct a thorough investigation on the accident during the initial stages of the investigation to determine the exact nature and severity of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at fault. Warwick injury attorneys You Tube will keep you up-to date on any negotiations and important developments throughout the process.
After negotiations are unsuccessful, your lawyer will file a formal complaint in a court against the defendant. A Complaint, the first official document in civil lawsuits, names all parties, details 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 the defendant. It typically takes approximately a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will reveal whether the defendant denies or admits the allegations in the Complaint. At this point your lawyer will provide medical records, documents and other evidence to support your argument. The lawyer representing the defendant will submit a response to these documents, and the two sides will then engage in further discussions.
If the parties cannot come to an agreement, mediation or arbitration could be required before the trial can be held. However, a significant percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have lien on your monetary award from a special escrow fund before issuing you the check.