How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for losses or injuries. These cases often involve a person at the fault (defendant) and an injured party referred to as the plaintiff.
Your lawyer will go through all medical records and other documentation, to determine the totality and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company for you.
Damages
If a plaintiff prevails in a personal injury lawsuit the judge awards the plaintiff a sum of money to cover damages. The money can be awarded as an amount in one lump sum or spread out over a period of time or as part of a structured settlement. 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 categorized, such as medical bills and lost earnings. General damages, like pain and discomfort and loss of enjoyment are more difficult to quantify.
Keeping a journal detailing how your injuries have affected your chances of obtaining 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 Lafayette injury lawyers , more than one defendants are accountable. This is most common when a business or individual commits fraud, criminal intent and gross negligence. The court can also give punitive damages to discourage others from acting in the same manner.
The defendants will receive an order with a complaint once a lawsuit is filed. They are then required to file a response which is also known as an answer within 30 days. Typically, defendants contest the allegations made in the complaint. After the answer is filed, the case enters a stage of fact-finding known as discovery. The parties will share information and evidence during this phase, including taking depositions. This is the majority of the timeline for personal injuries.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires, it's likely that you'll lose your right to receive damages. That's why it is important to consult an attorney who specializes in personal injury to discuss your case early on, even if you are not sure if the accident occurred before the deadline.
A statute of limitation is a law in a state that sets a deadline for filing a lawsuit. In many states the statute of limitations starts on the date on which the accident or incident caused your injuries. The time frame to file a lawsuit also depends on the party you are suing. For example, if you would like to sue a local government entity (such as a county or city) the deadline is significantly shorter.
There are also certain situations which could change the time limit in your situation. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain instances minors are not subject to the statute of limitations.
If you submit an injury claim after the statute of limitations has expired, your defendant will likely inform the court about this and request that your case be dismissed. If this happens, the court will dismiss your claim in a sweeping manner without 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 if you have a viable legal claim.
Complaint
A complaint is an official legal document filed by a party that alleges a cause for action and seeks legal relief. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specific time period. In general the case, a defendant will deny the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner.
In the majority of cases, personal injury claims are based on actual bodily harm. Your attorney will make sure that you are compensated both for medical bills currently incurred as well as any future expenses. These expenses include medications or home care as well as physical therapy. You can also claim for any loss in your quality of life that is caused by your injury. This includes things such as the inability to walk, drive, or sleep normally. This kind of injury is referred to as pain and suffering.
The court will call an initial conference once a complaint has been filed. The court will schedule any mandatory oral or physical examinations, as well as the production of any documents. Your lawyer will then draft an Bill of Particulars. This is a thorough description of your injuries. It will include your losses including your future and current medical expenses loss of wages, as well as property damage. Your lawyer will also outline the possible emotional distress or disfigurement, loss of enjoyment of life and any other damages that are not monetary you are seeking. If your case is determined to have probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a determination that there is no probable cause or because the court doesn't have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit starts with a summons. The plaintiff files a complaint with the court and sends the defendant a copy of the complaint via certified or registered post within a specific time. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which describes the damages and injuries you've suffered more fully. It could include photos 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.
During the middle part of a lawsuit called "discovery," each party gets to ask questions and examine evidence held by the other party. Your lawyer will be crucial in this phase of negotiations as the defendant's representatives want full information before making settlement offers.
Your lawyer can also ask that you undergo an examination by the doctor of their choice in regard to the damages and injuries you're claiming. If you fail to show up, 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, the lawyers on both sides may file something called 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 decide on a trial. During the trial, a jury will decide whether the defendant is at fault for the accident and your injuries. If the defendant is liable for the accident, the jury will award you damages. If the defendant is not liable and the jury decides to 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. A lawsuit can also be filed for injuries that are not physical, such as pain and discomfort and loss of companionship.
Your lawyer will conduct an investigation on the accident during the initial stages of the case to determine the exact nature and severity of your injuries. The lawyer will then engage with the insurance company of the party who is at the fault. Your attorney will keep in contact with you regarding any significant developments and negotiations throughout the process.
If negotiations fail and your lawyer has to make a formal complaint to the court against the defendant. A Complaint is the initial official document in a civil suit that names the parties, explains the incident, claims that there was wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. It usually takes about a month. After service is completed the defendant has to "answer" the Complaint within a specified date, which is usually 30 days.
The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. During this time your lawyer may submit medical records, documents and other evidence to support of your case. The defendant's attorney will then reply to these documents and the two sides will start discussions.
If the parties cannot reach an agreement, then mediation or arbitration could be required prior to a trial can take place. However, a large percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses that have liens on your award through a specialized money escrow before distributing a check.