How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. In these instances the defendant is typically the person who is at fault. The plaintiff is typically the injured party.
Your attorney will examine your medical records and other documents to assess the full extent of your injuries, the costs and damages. This will allow them to prepare and negotiate with the insurance company for you.
Damages
When a plaintiff wins an injury lawsuit, the courts award them money to cover their losses. These funds can be awarded in an amount in one lump sum or spread over a time period or as part of the settlement is structured. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be quantified that can be categorized for medical expenses and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify.
Writing down the way your injuries have affected you you can help improve your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to do activities you used to take for granted.
In many personal injury lawsuits there are many defendants. This is especially true when a business or person acts with criminal intent, fraud, and gross negligence. The court may also award punitive damages to discourage others from doing the same thing.
Once a lawsuit is filed and the defendants are served with a summons and complaint. They will then be required to respond which is also known as an answer within 30 days. Typically, defendants deny the allegations in the complaint. After the answer is filed, the case will enter a fact-finding stage known as discovery. This is when the parties exchange pertinent information and evidence, as well as taking depositions under the oath. This stage takes up the majority of the timeline for personal injuries.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is possible that you will lose your right to receive damages. That's why it is important to speak with an attorney who specializes in personal injury to discuss your case as early as possible even if not sure if the incident occurred before the deadline.
A statute of limitations is a law of the state that provides a time frame for filing a lawsuit. In many states the statute of limitations starts on the date of the accident or incident which caused your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the individual you are suing. If you are suing an entity of municipal government (such as city or county) the deadline will be much shorter.
There are certain circumstances that could alter the time limit in your particular case. For example, if you were exposed to toxic substances or suffered medical malpractice, the time limit may begin when you discover, or reasonably should have realized that your injuries were caused by negligence. In certain instances the statute of limitations can be extended for minors.
If you make a claim for injury after the statute of limitation has expired the defendant will likely tell the court about this and ask that your lawsuit be dismissed. In this scenario, the court will dismiss your claim in a hurry without hearing. This is why it's important 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 a legal document filed by a person who alleges an action and demands the judicial remedy. The complaint should also specify the kind of compensation that the plaintiff seeks. The defendant is then obliged to respond within a specific timeframe. The defendant is usually able to deny the claim. If the defendant does not respond, a default judgment may be entered in the petitioner's favor.
Personal injury claims are generally based on actual bodily harm. Your attorney will make sure that you get paid for medical bills currently incurred and any future costs. These expenses include medication as well as home care and physical therapy. You can also claim any loss in quality of life resulted from your injury. This includes things like being unable to walk, sleep or drive normally. This kind of injury is called suffering and pain.
When a complaint is filed, the court will hold a preliminary meeting to schedule the mandatory oral and physical examinations as well as any document production. Following the conference, your lawyer will prepare a Bill of Particulars. It will provide a full description of your injuries. It will include all your losses including the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also outline the grievous emotional distress or disfigurement, loss of enjoyment of life, and any other non-monetary damages 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 decision that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit begins with the issue of a summons. The plaintiff files the complaint with a court and sends a copy of the document to the defendant via certified or registered mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit an Bill of Particulars, which details the damages and injuries you've suffered in greater detail. It may include photographs of your injuries, medical bills and lost wages. It may also include details of the accident and how the defendant is accountable for your harm.
In the middle of a lawsuit, also known as "discovery," each party is allowed to ask questions and inspect the evidence of the other party. The defendant's representatives will need to have all the facts before making settlement offers, so your attorney will play a crucial role in negotiations during this stage.
Your lawyer may also request that you undergo an examination by any doctor they choose regarding the injuries and damages you're claiming. If you do not show up, the court may dismiss your case. Also, the court may order you to pay for the defendant's exam costs.
After the discovery and inspection process is completed, the lawyers on both sides can file a document known as a "Notice of Issue" and a "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, the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is accountable for the accident, the jury will award you damages. If the defendant is not at fault and the jury decides to deny your claim.
Trial
Personal injury claims can cover a wide range injuries, such as emotional distress, wrongful death (libel or slander), and physical harm from accidents, such as car crashes and falls. In addition, lawsuits can also be filed to address non-physical injuries such as pain and suffering and loss of companionship.
Your lawyer will conduct a thorough investigation on your accident in the early stages of the case to determine the exact cause and extent of your injuries. He or she will then negotiate with the insurance company of the party who is at the fault. Your attorney will stay in touch with you on any significant developments and negotiations throughout the process.
After negotiations have failed the lawyer will file a formal complaint in the court against the defendant. A Complaint is the initial official document in a civil suit that names the parties, explains the incident, argues for wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to him or her. It usually takes about a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer explains whether the defendant acknowledges the allegations made in the Complaint or refuses to acknowledge them. During this phase your lawyer will be able to submit documents, medical records, and other evidence in support of your case. The lawyer for the defendant will provide an answer to these documents, and the two sides will engage in further negotiations.
If the parties cannot reach an agreement, then mediation or arbitration may be required prior to trial can begin. Boynton Beach injury attorney of personal injury cases are settled out of court. Your lawyer must first pay any businesses with liens on your monetary award from a special account before distributing the check.