Injury Claim Compensation Isn't As Difficult As You Think
How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. The cases typically involve a person at fault (defendant) and an injured party, referred to as the plaintiff.
Your attorney will review your medical records, as well as other documentation, to determine the totality and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins in a personal injury lawsuit the court gives the plaintiff a sum of money to cover damages. The funds can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: general and special. Special damages are measurable costs that can be listed for medical expenses and lost earnings. General damages, like pain and discomfort and loss of enjoyment of living, are more difficult to quantify.
Keep a diary to record how your injuries affected your life. This will increase your chance of receiving maximum compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels mental stress and your ability to perform things you used to take for granted.
In injury accident lawyers of personal injury cases, multiple defendants are responsible. This is most common when a person or business is guilty of criminal intent, fraud, and gross negligence. The court may also award punitive damages to deter other people from engaging in the same manner.
The defendants receive an order with a complaint once a lawsuit has been filed. The defendants must provide a response (also known as an answering) within 30 days. Typically, defendants deny the allegations in the complaint. Once the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. This is the time when both parties will share relevant information and evidence, as well as taking depositions under an oath. This is where you will find the majority of the time in the timeline of a personal injury lawsuit.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations runs out you could lose your right to recover damages. That's why it is important to speak with an attorney for personal injury about your case as early as possible even if not certain if the incident occurred before the deadline.
A statute of limitations is a law in a state that establishes a deadline for filing lawsuits. In many states, the statute of limitations starts at the time of the accident or incident that led to your injuries. The deadline to file a personal injury lawsuit also depends on the individual you are seeking to sue. For example, if you would like to sue a local government agency (such as a city or county) the deadline is significantly shorter.
There are other situations that may change the statute of limitations in your case. If you were exposed to toxic substances or suffered from medical malpractice, for example the statute of limitations could begin when you realize or reasonably should have known that your injuries are the result of negligence. In some cases, the statute of limitations may be tolled for minors.
If you file a personal injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and request your lawsuit to be dismissed. In this scenario, 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 if you have a viable 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 specify the type of compensation that the plaintiff is seeking. The defendant must then respond within a certain time frame. The defendant is usually able to decline to respond. If the defendant does not respond, a default judgment may be granted in favor of the petitioner.
In the majority of cases, personal injury claims involve actual bodily harm. Physical injuries can be costly, and your attorney will work to ensure you are compensated for any existing medical bills and any anticipated future expenses. This includes things like medications as well as home care and physical therapy. You can also claim for any loss of quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This type of damage is referred to as suffering and pain.
The court will set up the preliminary conference after a complaint has been filed to schedule any mandatory oral or physical examinations as well as the production of any documents. After the conference, your lawyer will prepare an Bill of Particulars. This is a thorough report of your injuries. It will include all the losses you have suffered including the cost of your current and anticipated future medical expenses, lost earnings and property damage. Your lawyer will also detail the possible emotional distress, disfigurement, loss of enjoyment of life, and any other damages that you seek. If the case is found to be a probable cause your case will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable cause or because the court does not have jurisdiction, you may appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and a complaint. The plaintiff submits a complaint to the court and sends the defendant a copy by 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 damages and injuries suffered by you in greater depth. It could include photographs of your injuries, medical expenses and lost wages. It also includes details of the accident and what the defendant is responsible for your harm.
During the middle part of a lawsuit referred to as "discovery," each party gets to ask questions and inspect the evidence of the other party. Your attorney will be important in this phase of negotiations as the representatives of the defendants want full information before making settlement offers.
Your lawyer can also ask that you undergo an examination by the doctor of their choice regarding the injuries and damages you're claiming. If you do not take part, the judge may dismiss your case, or demand that you pay the defendant for their examination costs.
After discovery and inspection have been completed, the lawyers on both sides may submit a document referred to as an "Notice of Issue and Statement of Readiness for Trial." This informs the court that your case is ready to go to trial. The judge will then determine a trial date. During the trial the jury will determine if the defendant is responsible for the accident and injuries. If the defendant is to blame the jury could award you damages. If the defendant is not accountable and the jury denies your claim.
Trial
A personal injury claim can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. In addition, lawsuits can also be filed for non-physical injuries like suffering and pain, as well as loss of companionship.
Your lawyer will conduct research regarding your accident in the early stages of the case to determine the precise cause and the extent of your injuries. Then, he or she will work with the insurance company. Your lawyer will stay in touch with you about any significant developments and discussions throughout the entire process.
After negotiations fail the lawyer will file a formal complaint in the court against defendant. A complaint, the first official document in a civil suit, identifies all parties, outlines the incident, and claims that there was 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. This usually takes around one month. Once service is complete the defendant has to "answer" the Complaint within a specific time, which is usually 30 days.
The answer is whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. At this point your lawyer could submit documents, medical records and other evidence to back your case. The defendant's attorney will then reply to these documents and then the two sides will begin negotiations.
If the parties cannot reach an agreement, then mediation or arbitration may be required before a trial can take place. However, a significant percentage of personal injury cases settle outside of court. Your lawyer must first pay any company that have liens on your award from a special escrow fund before issuing you a check.