How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these situations the defendant is usually the one who is at fault. The plaintiff is usually the victim.
Your lawyer will go through your medical records and other documents to assess the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in a personal injury case, the courts award them money to cover their losses. The funds may be awarded as a lump sum or spread over a time period in the settlement is structured. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be quantified that can be itemized for medical expenses and lost earnings. General damages are difficult to place a dollar value on, like pain and suffering and loss of enjoyment.
Writing down how your injuries have affected you can help improve the odds of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental anxiety and how injuries affect your ability to take part in the activities you used to take for taken for granted.
In a majority of personal injury cases, more than one defendants are at fault. This is particularly true when an individual or business is guilty of reckless negligence, fraud, and criminal intention. The court can also award punitive damages to deter others from acting in a similar manner.
The defendants receive a summons along with an accusation once a lawsuit is filed. The defendants are required to provide a response (also called an answering) within 30 days. Typically, the defendants will deny the allegations in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will share information and evidence during this phase and may even conduct depositions. This phase takes up the majority of the timeline for personal injuries.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations has expired you could lose the right to collect damages. That's why it's crucial to speak with a personal injury lawyer about your case early even if you're not certain if the incident happened within the deadline.
A statute of limitations is a law of the state that sets a time limit on the time you can bring a lawsuit for injury. In most states the statute of limitations begins on the date of the incident or incident caused your injuries. The time frame to file a lawsuit also depends on the party you are suing. For example, if you want to sue a municipal government agency (such as a county or city) the deadline is shorter.
There are also certain situations which could change the statute of limitation in your case. For instance, if you were exposed to harmful substances or suffered medical malpractice the time limit may begin when you realize or should have realized that your injuries were the result of negligence. In certain instances minors are exempt from the statute of limitations.
If you submit an injury claim after the statute of limitation has expired Your defendant is likely to inform the court about this and request that your case be dismissed. If this occurs, the court will summarily dismiss your claim without a hearing. It is crucial to speak with an attorney for personal injuries as soon as possible to discuss your case to determine if you can make an official 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 should also indicate what kind of compensation the plaintiff seeks. The defendant must then respond within a set timeframe. In general, a defendant will deny the claim. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf.
Personal injury claims are typically caused by bodily injury. Your attorney will make sure that you get paid for your current medical bills as well as any future expenses. These expenses include medications as well as home care and physical therapy. You can also claim any loss in your quality of life resulted from your injury. This includes things such as the inability to walk, drive, or sleep normally. This kind of damage is referred to as suffering and pain.
The court will call a preliminary conference when a complaint has been filed. The court will schedule any mandatory physical or oral examinations, and also the production of any documents. Following the conference, your lawyer will prepare an Bill of Particulars. This is a detailed report of your injuries. It will include all the losses you have suffered, including the costs of your current and future medical bills, lost earnings, and property damage. Your lawyer will also detail the alleged emotional distress and disfigurement, the loss of enjoyment of life and any other damages that you are seeking. If the case is found to have probable cause, your case will be scheduled for a public hearing. If your complaint is dismissed due to a finding of no probable reason or because the court is not in jurisdiction, you can appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff file the complaint with a court and sends a copy of the document to the defendant by certified or registered mail within a certain timeframe. The defendant must respond or risk a default judgment against them. You Tube will file a Bill of Particulars, which describes the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills and lost wages. It also includes details of the accident and what the defendant is responsible for your harm.
During the middle phase of a lawsuit, also known as "discovery" in which each party is able to ask questions and examine evidence provided by the opposing party. Your attorney is crucial during this stage of negotiations since the representatives of the defendant want to have complete information prior to making settlement offers.
Your lawyer can also ask to have you examined by the doctor of their choice regarding the damages and injuries you're claiming. If you fail to attend, the court could dismiss your case. Or order that you pay for the defendant's examination costs.
After discovery and inspection have been completed, the lawyers on both sides can file something called an "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 decide on 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 liable and the jury awards you damages. If the defendant isn't liable then the jury will deny your claim.
Trial
Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful deaths (libel or slander) and physical injury from accidents like car crashes and falls. A lawsuit may also be filed for non-physical injuries like discomfort and pain, as well as loss of companionship.
Your lawyer will conduct an investigation regarding your accident in the beginning stages of the investigation to determine the exact cause and extent of your injuries. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your attorney will keep you up to current on any negotiations and significant developments during this process.
After negotiations fail and your lawyer is unable to resolve the issue, he will file a formal complaint in the court against defendant. A Complaint is the initial official document in a civil suit that identifies the parties, details the incident, claims that there was wrongdoing, and seeks compensation. The complaint must be personally served, which means that it must be delivered physically to the defendant. It usually takes about a month. After service, the defendant has 30 days to "answer" the Complaint.
The answer is whether the defendant admits to the allegations made in the Complaint or refuses to acknowledge them. In this phase your lawyer could submit documents, medical records as well as other evidence to prove your case. The lawyer for the defendant will provide a response to these documents, and the two sides will engage in further negotiations.
If the parties can't reach an agreement, mediation or arbitration may be required prior to a trial can take place. However, a large percentage of personal injury cases settle out of court. After a settlement has been reached, your lawyer has to pay any businesses that have lien on the money settlement through a specific escrow account before he or will issue you an official check.