How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and 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 review all medical records, as well as other documentation, in order to determine the full extent and cost of your injuries and damage. This will help them prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury lawsuit, the judge gives them money to pay for damages. These funds may 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: specific and general. Special damages are those that can be itemized and quantifiable like medical expenses and lost wages. West Valley City injury lawyer You Tube are more difficult to place a dollar value on, like the suffering and pain, and the loss of enjoyment.
Keep a diary of how your injuries have affected your chance of winning the maximum amount of compensation for non-economic damages. This includes the effect on your relationships, daily pain levels, mental anguish and your ability to complete things you used to take for granted.
In a majority of personal injury cases, multiple defendants are accountable. This is especially true when a business or person is guilty of fraud, criminal intent, and gross negligence. The court can also award punitive damage to discourage others from doing the same thing.
When a lawsuit is filed and the defendants are served with a summons and complaint. The defendants will be required to submit a response (also called an answering) within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed, the case moves to an investigation known as discovery. This is where both parties will share relevant information and evidence, including depositions under the oath. This phase takes up the majority of a personal injury timeline.
Statute of limitations
If you file a lawsuit for injury after the statute of limitation expires, it is possible that you'll lose your right to receive 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 limitation is a law in a state that establishes a deadline for filing a lawsuit. In most states the statute of limitations begins with the date of the accident or incident that led to your injuries. The deadline for filing a personal injury lawsuit also depends on the person you're suing. For instance, if want to sue a municipal government entity (such as a county or city), the deadline is much shorter.
In addition there are certain circumstances which could change the statute of limitations in your particular case. For example, if you were exposed to harmful substances or suffered medical malpractice the statute of limitations could begin when you realize, or reasonably should have realized, that your injuries were caused by negligence. In certain cases the statute of limitations may be tolled for minors.
If you file an injury claim after the statute of limitations has expired the defendant will most likely point this out to the court and ask for the dismissal of your lawsuit. If this occurs, the court will dismiss your claim in a sweeping manner without a hearing. This is why it's crucial to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is an official legal document that is filed by a person who asserts a cause of action and demands legal relief. The complaint must also specify the type of relief the plaintiff seeks. The defendant is then required to respond within a certain time frame. A defendant will usually decline to respond. If the defendant does not respond, a default judgment may be granted to the petitioner's behalf.
Personal injury claims are usually caused by bodily injury. Physical injuries can be costly, and your attorney will work to ensure you receive compensation for any current medical bills and any future costs that are anticipated. These costs include medical expenses as well as home care and 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 kind of damage is known as suffering and pain.
The court will call an initial conference once the complaint is filed to schedule any mandatory oral or physical examinations, and also the production of any documents. Following the conference, your lawyer will prepare an Bill of Particulars. This is a detailed account of your injuries. It will include your losses including future and present medical expenses loss of wages, as well as property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in life, as well as any other non-monetary damages that you're seeking. If the case is determined to have probable cause your case will be scheduled for public hearing. If the complaint is dismissed as a result of a determination that there is 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 then sends the defendant a copy of the complaint via registered or certified mail within a specific time. The defendant has to respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which sets out the damages and injuries you've suffered in greater detail. It could include photographs of your injuries, medical expenses and lost wages. The document also includes information about the incident and how you believe the defendant is responsible for the damage.
In the middle of a lawsuit referred to as "discovery," each party gets to ask questions and look over the evidence of the other party. Your attorney will be important during this stage of negotiations as the defendant's representatives want complete information prior to making settlement offers.
Your lawyer may also request that you are examined by a doctor they choose in relation to the damages or injuries you're seeking. If you do not attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's examination costs.
After discovery and inspection have been completed, attorneys on both sides may submit a document referred to as the "Notice of Issue and Statement of Readiness for Trial." This informs the court that your case is now ready to go to trial. The judge will then set an appointment date for the trial. During the trial the jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is accountable and the jury awards you damages. If the defendant isn't liable then the jury will deny your claim.
Trial
Personal injury claims can cover a broad variety of injuries, including wrongful death, emotional distress (libel or slander) and physical injury from accidents like car crashes and falls. In addition, lawsuits can also be filed for physical injuries, such as suffering and pain, as well as loss of companionship.
Your lawyer will conduct research regarding your accident in the beginning stages of the case to determine the exact nature and severity of your injuries. Then, he will work with the insurance company. Your attorney will keep you informed and up to date on any negotiations and important developments throughout the process.
After negotiations have failed, your 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, alleges wrongdoing, and seeks compensation. The complaint must be personally served and must be physically handed to the defendant. It usually takes about a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer explains whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. In this stage your lawyer may submit documents, medical records as well as other evidence in support of your case. The defendant's attorney will respond to these documents, and then the two sides will start negotiations.
If the parties are not able to reach an agreement, mediation or arbitration may be required prior to your case can go to trial. However, a large percentage of personal injury cases settle outside of court. Your lawyer must first pay any companies that have liens on your award through a specialized escrow fund before issuing you an actual check.