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How Personal Injury Lawsuits Work A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. These cases often involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff. Your attorney will review your medical records and other documentation to assess the full extent of your injuries, expenses and damages. This will help them prepare and negotiate on your behalf with the insurance company. Damages If a plaintiff is successful in a personal injury lawsuit, the court will award the plaintiff money to pay damages. These funds may be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs that can be itemized and are measurable like medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of living, are more difficult to quantify. Keeping a journal detailing the way your injuries have affected you your chances of obtaining maximum compensation for non-economic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental anguish and how your injuries affect your ability to engage in activities that you used to take for granted.
When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants will be required to respond (also called an answer) within 30 days. Usually, the defendants deny the allegations in the complaint. After the answer is filed, the case enters 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 time in the timeline of personal injury lawsuits. Statute of limitations If you file a lawsuit for injury after the statute of limitations expires, it is likely that you'll lose the right to damages. That's why it's crucial to consult an attorney who specializes in personal injury to discuss your case early on, even if you are not sure if the incident happened within the deadline. A statute of limitations is a law of the state that sets a deadline on the time you can file an injury lawsuit. In the majority of states the statute of limitations runs at the time of the incident or accident that caused your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the person you are seeking to sue. For example, if you would like to sue a local government agency (such as a city or county), the deadline is shorter. There are also certain situations that could alter the statute of limitations in your situation. For instance, if you were exposed to harmful substances or suffered medical malpractice the statute of limitations may start when you realize, or reasonably should have discovered, that your injuries were the result of negligence. In some cases the statute of limitations can be extended for minors. If you file a personal injury claim after the statute of limitations has expired the defendant will likely to inform the court and request your lawsuit to be dismissed. If this occurs, the court will dismiss your claim on the spot without a hearing. It is important to consult an attorney who specializes in personal injury as soon as you can to discuss your case to determine if you can make an official claim. Complaint A complaint is a formal legal document filed by a party that alleges a cause for action and seeks judicial relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific time frame. In general, a defendant will reject the claim. If the defendant does not respond, default judgment can be granted to the petitioner's behalf. Most personal injury claims can result in bodily harm. Your attorney will make sure that you are compensated both for the medical bills you are currently paying and any future costs. This includes things like medications, home care and physical therapy. You can also claim for any loss in quality of life resulted from your injury. This includes things like the inability to walk, drive, or sleep normally. This kind of injury is known as pain and suffering. When a complaint is made, the court will convene a preliminary conference to plan the mandatory oral and physical examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a thorough description of your injuries. This will include your losses including your future and current medical expenses as well as lost wages and property damage. Your lawyer will also outline the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other damages that you are seeking. If your case is deemed to have 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 jurisdiction, you can appeal the decision. Summons The formal lawsuit starts with the issue of a summons. https://www.accidentinjurylawyers.claims/ file the complaint with the 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 risk default judgment against them. Your New York City personal injury attorney will submit an 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 may also include details of the incident and the manner in which the defendant is responsible for the harm you suffered. In the middle of a lawsuit, also known as "discovery", each party has the opportunity to ask questions and examine evidence provided by the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, and your attorney will play a crucial role in negotiations during this stage. Your lawyer can also request to have you examined by the doctor of their choice in regard to the damages and injuries you're seeking. If you don't attend, the court may dismiss your case. Also, the court may order you to pay for the defendant's examination costs. Once discovery and inspection are 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 prepared to go to trial. The judge will then schedule the trial. During the trial, a jury will decide if the defendant is responsible for the accident and your injuries. If the defendant is responsible, the jury will award you damages. If the defendant isn't at fault, the jury will reject your claim. Trial Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful death (libel or slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit could also be filed for non-physical injuries like discomfort and pain and loss of companionship. In the early stages of your case, your lawyer will research your accident in order to fully comprehend what happened and the magnitude of your losses. The lawyer will then engage with the insurance company of the party at fault. Your lawyer will keep you up to the minute on any negotiations or significant developments during this process. If negotiations fail the lawyer will make a formal complaint to the court against the defendant. A Complaint, which is the first official document filed in a civil suit, lists all parties, details the incident and lays out allegations of wrongdoing. It also demands compensation. The defendant must be personally served with the complaint, which means that it must be delivered physically to the defendant. This usually takes approximately a month. Once service is complete the defendant has to "answer" the Complaint within a specified time frame, which is typically 30 days. The answer will explain whether the defendant denies or accepts the allegations contained in the Complaint. During this time your lawyer will be able to submit documents, medical records and other evidence to support of your case. The defendant's attorney will respond to these documents, and then the two sides will begin discussions. If the parties can't reach an agreement, then mediation or arbitration may be required before trial can begin. However, a large percentage of personal injury cases settle out of court. Your lawyer must first pay any companies that have liens on your award through a specialized account before distributing a check. |
