How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. The cases typically involve a person at the fault (defendant) and an injured party referred to as the plaintiff.
Your lawyer will review all medical records, as well as other documentation, to determine the totality and cost of your injuries and the damages. This will help them prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff is successful in a personal injury lawsuit, the courts award them funds to pay for their damages. The funds may be awarded in a lump sum or spread out over a period of time, as part if an agreed settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: specific and general. Special damages are expenses that can be itemized and quantifiable for example, medical expenses and lost wages. General damages are difficult to put a dollar amount on, such as pain and suffering and loss of enjoyment of life.
Keep a journal to document how your injuries impacted your life. This will increase your chances of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, your pain levels on a daily basis as well as mental anxiety and your ability to do things you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is especially true when a business or individual commits criminal intent, fraud, and gross negligence. The court may also award punitive damage to discourage others from acting in the same way.
Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants are required to respond (also known as an answering) within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer is filed, the case enters an investigation known as discovery. Both parties will exchange information and evidence in this stage including depositions. This phase takes up the majority of the personal injury timeline.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations has expired, you will likely lose the right to claim damages. That's why it is important to talk to an attorney who specializes in personal injury to discuss your case early on even if not certain if the incident occurred within the timeframe.
A statute of limitations is a law of the state that provides a time frame for filing a lawsuit. In most states, the statute of limitations starts with the date of the incident or accident which caused your injuries. The time limit for filing an injury lawsuit is dependent on the person you are suing. If you are suing an entity that is a part of the municipal government (such as the city or county) the deadline will be shorter.
Additionally, there are certain situations which could change the statute of limitations in your particular case. For example, if you were exposed to toxic substances or suffered medical malpractice the statute of limitations could begin when you discover or ought to have realized that your injuries were the result of negligence. In some cases, minors are exempt from the statute of limitation.
If you file a personal injury claim after the time limit has expired, the defendant will most likely inform the court and request the dismissal of your lawsuit. In this scenario the court will decide to dismiss your claim without hearing. That's why it is important to talk with an experienced 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 filed by a person who asserts a cause of action and demands legal relief. The complaint should also state the type of relief the plaintiff seeks. The defendant is then obliged to respond within a certain timeframe. In general the event of a denial, the defendant will reject the claim. If the defendant does not respond, a default judgment may be entered in favor of the petitioner.
Personal injury claims are typically based on actual bodily harm. Physical injuries can be expensive, and your attorney will ensure that you receive compensation for any current medical bills and any future costs that are anticipated. Cape Coral injury attorney include medical expenses or home care as well as physical therapy. You can also claim any loss in your quality of life caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damage is known as suffering and pain.
If a complaint is filed and the court is notified, they will convene a preliminary conference to schedule the mandatory oral and physical examinations, as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including future and present medical expenses loss of wages, as well as property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment, as well as any other damages not monetary you're seeking. If your case is deemed to be probable cause you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court lacks authority, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons as well as a complaint. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the injuries and damages suffered by you in more specific detail. It could include photos of your injuries, medical bills and lost wages. The document also contains details about the accident and how you think the defendant is responsible for the injury.
In the middle of a lawsuit called "discovery," each party has the opportunity to ask questions and examine the evidence of the other party. Your lawyer will be crucial in this stage of negotiations because the defendant's representatives want full information before making settlement offers.
Your lawyer can also request that you are examined by a physician they select in connection with the injuries or damages you're seeking. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs.
After the discovery and inspection process is completed, lawyers on each side can file something called an "Notice of Issue" and a "Statement of Readyness for Trial." This informs the court that your case is prepared to go to trial. The judge will then determine a trial date. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is to blame the jury could award you damages. If the defendant isn't accountable and the jury denies your claim.
Trial
Personal injury lawsuits can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander), and physical harm from accidents like car crashes and falls. In addition, lawsuits may also be filed for physical injuries, such as suffering and pain, as well as loss of companionship.
Your lawyer will conduct research on the accident during the early stages of the case to determine the exact cause and the extent of your injuries. He or she will then negotiate with the insurance company of the party who is at the fault. Your lawyer will keep you up to the minute on any negotiations or significant developments throughout this process.
If negotiations fail the lawyer will file a formal complaint in a court against the defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing and demands compensation. The complaint must be personally served which means it must be delivered physically to the defendant. It usually takes about one month. After service has been completed, the defendant must "answer" the Complaint within a specific time frame, which is typically 30 days.
The answer explains whether the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. In this phase your lawyer will submit medical records, documents and other evidence to back your case. The defendant's attorney will then respond to these documents, and then the two sides will start further negotiations.
If the parties are unable to reach an agreement, mediation or arbitration may be required prior to a trial can take place. However, a large percentage of personal injury cases are settled out of court. After a settlement has been reached, your lawyer has to pay any companies with liens on the monetary settlement out of a separate escrow account before he or will issue you an official check.