Injury Claim Compensation: It's Not As Difficult As You Think
How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and 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 along with other documentation, in order to determine the totality and cost of your injuries and damages. This will enable them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury case the courts award them money to pay for their damages. These funds may be awarded in one lump sum or distributed 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. South Bend injury lawyer YouTube are those that can be quantified that can be categorized for medical expenses and lost earnings. General damages are difficult to place a dollar value on, such as suffering and suffering, as well as loss of enjoyment.
Writing down how your injuries have affected you can help improve your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to perform things you once took for granted.
In a majority of personal injury cases, multiple defendants are accountable. This is especially true when a business or individual acts with criminal intent, fraud or gross negligence. The court can also award punitive damage to discourage others from acting in the same way.
The defendants are served with a summons with a complaint once a lawsuit has been filed. They are then required to file a response, also known as an answer within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed, the case moves to the phase of fact-finding, also known as discovery. This is when the parties exchange pertinent information and evidence, which includes taking depositions under the oath. This is the stage that accounts for the majority of the time in the timeline of a personal injury lawsuit.
Statute of limitations
If you file an injury lawsuit after the statute of limitations expires you could lose the right to claim damages. It is important to consult a personal injury attorney as soon as possible even if you're not sure whether the accident occurred before the time frame.
A statute of limitations is a law of the state that sets a deadline on the time you can bring a lawsuit for injury. In the majority of states, the statute of limitations runs on the date of the incident or accident which caused your injuries. The deadline to file a lawsuit also depends on who you are seeking to sue. If you are suing an entity of municipal government (such as a county or city) the deadline is shorter.
In addition, there are certain situations which could change the statute of limitations in your particular case. For instance, if you were exposed to harmful substances or a victim of medical negligence the statute of limitations may start when you discover or ought to have realized that your injuries were caused by negligence. In certain instances minors are exempt from the statute of limitations.
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 ask for the dismissal of your lawsuit. In this instance the court will dismiss your claim summarily without a hearing. It is essential to contact a personal injury lawyer as soon as you can to discuss your case and determine if you are eligible to file an official claim.
Complaint
A complaint is a formal legal document filed by a party who claims a cause of action and seeks the judicial remedy. The complaint must also specify the type of compensation that the plaintiff seeks. The defendant is then required to respond within a specific timeframe. A defendant will usually deny the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner.
In the majority of cases, personal injury claims can result in bodily harm. Physical injuries can be extremely costly, and your attorney will work to ensure that you receive compensation for any current medical bills, as well as any anticipated future expenses. These expenses include medications or home care as well as physical therapy. You can also claim for any loss in quality of life resulted from your injury. This includes the inability to sleep, drive or walk normally. This kind of injury is called suffering and pain.
The court will schedule the preliminary conference after a complaint has been filed. The court will 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 will provide a full description of your injuries. It will include all the losses you have suffered, including the costs of your present and future medical bills, lost earnings and property damage. Your lawyer will detail any emotional distress, disfigurement, or loss of enjoyment and any other non-monetary damages that you are seeking. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If the complaint is dismissed because of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you are able to appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and complaint. The plaintiff submits the complaint to an appropriate court and then sends a copy of the document to the defendant by certified or registered mail within a certain time frame. The defendant has to respond or risk a 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. This could include photos of your injuries, medical bills and lost wages. The document also includes information about the incident and how you believe the defendant is responsible for the damage.
During the middle phase of a lawsuit, referred to as "discovery" in which each party is given the chance to ask questions and review evidence provided by the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, so your attorney plays a significant role in negotiations during this stage.
Your lawyer may also request that you be examined by the doctor of their choice in relation to the damages and injuries you're seeking. If you do not attend, the court could dismiss your case. Or, they may require that you pay for the doctor's examination costs.
After a discovery and inspection, attorneys on both sides may 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 decide on the trial. During the trial the jury will decide whether the defendant is responsible for the accident and your injuries. If the defendant is responsible, the jury may award you damages. If the defendant isn't responsible then the jury will dismiss your claim.
Trial
A personal injury claim can result in a variety of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. A lawsuit can also be filed for non-physical injuries like pain and discomfort and loss of companionship.
In the beginning of your case your lawyer will conduct a thorough investigation of the accident to determine what happened and the magnitude of your injuries. Then, he or she will work with the insurance company. Your lawyer will keep you up to date on any negotiations and important developments throughout the process.
If negotiations fail the lawyer will make a formal complaint to the court against the defendant. A complaint is the first official document in a civil lawsuit. It identifies the parties, describes the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It typically takes a month. After service is completed and the defendant is required to "answer" the Complaint within a specified time, which is usually 30 days.
The answer will tell you if the defendant denies or admits the allegations made in the Complaint. During this phase your lawyer may submit documents, medical records as well as other evidence in support of your case. The defendant's attorney will then reply to these documents, and then the two sides will start discussions.
If the parties cannot reach an agreement, mediation or arbitration may be required before trial can begin. A significant number of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer has to pay any companies with lien on the money settlement through a specific escrow account before he or will issue you an official check.