How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes involving compensation for losses or injuries. In these instances the defendant is usually the one at fault. The plaintiff is usually the victim.
Your attorney will review all of 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 is successful in a personal injury claim, the judge will award them money to pay for damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds: special and general. Special damages are costs that can be categorized and quantifiable, such as medical expenses and lost wages. General damages are more difficult to place a dollar value on, like pain and suffering and loss of enjoyment of life.
Keep a journal in which you can record how your injuries affected your life. This will increase your chances of receiving the most compensation for the non-economic damages. This includes the impact on your relationships, daily pain levels, mental anguish and your ability to complete things you used to take for granted.
In a lot of personal injury cases, more than one defendants are accountable. This is especially true when a person or business is guilty of fraud, criminal intent, and gross negligence. The court can also give punitive damages to discourage others from acting in the same way.
When a lawsuit is filed the defendants will be served with a summons and complaint. They must submit a response or answer within 30 days. Usually, defendants deny the allegations made in the complaint. After the answer is filed, the case is moved to an investigation known as discovery. The parties will share information and evidence during this stage including depositions. This phase takes up the majority of a 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. It is essential to speak with an attorney in personal injury as soon as possible even if you're unsure certain whether the incident occurred within the deadline.
A statute of limitations is a state law that sets a deadline on the amount of time you have to file an injury lawsuit. In most states the statute of limitations starts on the date that the accident or incident led to your injuries. The deadline for filing a personal injury lawsuit also varies depending on the person you're suing. If you intend to sue an entity that is a part of the municipal government (such as city or county), the deadline is shorter.
Additionally, there are certain situations that can change the statute of limitations in your particular case. For example, if you were exposed to toxic substances or suffered medical negligence the statute of limitations could begin when you discover, or reasonably should have realized, that your injuries were caused by negligence. In some cases minors are exempt from the statute of limitations.
If you make 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. In this case the court will decide to dismiss your claim without hearing. It is essential to contact an attorney who specializes in personal injury as soon as possible to discuss your situation and determine if you have a legal claim.
Complaint
A complaint is an official legal document that is filed by a party 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 specific time period. In general, a defendant will not respond to the claim. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf.
Personal injury claims are usually based on actual bodily harm. Your lawyer will ensure that you are compensated both for your current medical bills and any future expenses. These expenses include medications as well as home care and physical therapy. You can also claim for any loss in quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This kind of injury is referred to as pain and suffering.
The court will set up the preliminary conference after the complaint has been filed. This will be used to schedule any required oral or physical examinations, as well as the production of any documents. After the conference your lawyer will draft the Bill of Particulars. It is a thorough description of your injuries. This will include the losses you have suffered including your future and current medical costs, lost wages and property damage. Your lawyer will also detail the grievous emotional distress or disfigurement, loss of enjoyment of life and any other non-monetary damages you are seeking. If your case is deemed to be a probable cause you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable reason or because the court does not have authority, you can appeal the decision.
Summons
The formal lawsuit process 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 must respond, or they risk a default judgement against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which describes the injuries and damages you've suffered more fully. It may include photographs of your injuries, medical bills, and lost wages. The document will also contain information about the accident and how you believe the defendant is responsible for the injury.
During the middle part of a lawsuit called "discovery," each party is allowed to ask questions and examine evidence that is held by the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, therefore your attorney will play an important role in negotiations during this phase.
Your lawyer may also request that you are examined by a doctor they choose in relation to the injuries or damages you're claiming. If you do not attend, the court may dismiss your case. Also, the court may order you to pay for the doctor's examination costs.
After the discovery and inspection process is completed, attorneys on each side can submit a document referred to as an "Notice of Issue" and a "Statement of Readyness for Trial." This informs the court that your case is ready to go to trial. The judge will then determine an appointment date for the trial. During the trial the jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is at fault the jury could award you damages. If the defendant isn't responsible and the jury denies your claim.
Palmdale injury attorneys can result in a variety of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents, such as car crashes and falls. Additionally, lawsuits can also be filed over non-physical injuries such as pain and suffering and loss of companionship.
Your lawyer will conduct an investigation regarding your accident in the beginning stages of the case to determine the precise cause and extent of your injuries. He or she will then discuss the matter with the insurance company of the party at fault. Your attorney will stay in touch with you about any significant developments and negotiations throughout the entire process.
Once negotiations have failed, your lawyer will submit a formal complaint to the court against the defendant. A Complaint is the initial official document in a civil lawsuit that names the parties, explains the incident, argues for wrongdoing and demands compensation. The complaint must be served personally, which means that it must be handed over physically to the defendant. It typically takes one month. After service is completed the defendant has to "answer" the Complaint within a specified date, which is usually 30 days.
The answer is whether the defendant is willing to admit the allegations made in the Complaint or denies them. During this phase your lawyer may provide medical records, documents and other evidence to support of your case. The lawyer for the defendant will provide a response to these documents and the two sides will continue to negotiate.
If the parties can't reach an agreement, mediation or arbitration could be required before the trial can be held. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have liens on your award from a special account before distributing a check.