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 at the fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will review your medical records and other documents to understand the full extent of your injuries, costs and damages. This will help them prepare and negotiate with the insurance company for you.
Damages
If a plaintiff is successful in a personal injury lawsuit the courts award them money to cover their losses. The money can be awarded as a lump sum or spread over a time period in a structured settlement. These funds are referred to 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 discomfort and pain, and loss of enjoyment of life are more difficult to quantify.
Writing down how your injuries have affected you can help improve your chances of obtaining the maximum amount of compensation for non-economic damages. These include the effects on your relationships, daily pain levels, and episodes of mental anguish, and how your injuries affect your ability to participate in activities that you used to take for granted.
In a lot of personal injury cases, more than one defendants are at fault. This is especially true when a business or individual acts with fraud, criminal intent or gross negligence. The court may also award punitive damage to discourage others from engaging in the same manner.
Once a lawsuit is filed, the defendants will receive a summons and complaint. They must file a response which is also known as an answer, within 30 days. Typically, the defendants will deny the allegations in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. This is where both parties will share relevant information and evidence, as well as taking depositions under an oath. This is the majority of the personal injury timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations has expired, you will likely lose the right to collect damages. It is important to consult an attorney in personal injury whenever you can, even if you're not certain whether the incident occurred within the time frame.
A statute of limitation is a law in a state that sets a deadline for filing lawsuits. In many states the statute of limitations starts on the date that the accident or incident led to your injuries. The time frame for filing a lawsuit for injury is dependent on the person you are seeking to sue. For instance, if would like to sue a local government agency (such as a city or county) the deadline is much shorter.
There are other situations that could alter the statute of limitations in your particular case. If you have been exposed to toxic substances or were the victim of medical malpractice, for example the statute of limitations could begin when you realize or ought to have known that your injuries are due to negligence. In certain instances minors are exempt from the statute of limitation.
If Rancho Cucamonga injury lawsuit file a personal injury claim after the time limit has expired, the defendant will most likely point this out to the court and ask for the dismissal of your lawsuit. In this case the court will decide to dismiss your claim summarily without a hearing. This is why it's important to talk with an experienced personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a formal legal document that is filed by a person who claims a cause of action and seeks judicial relief. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specific timeframe. The defendant is usually able to deny the claim. If the defendant fails to respond to the claim, a default judgement may be granted for the petitioner.
In most cases, personal injury claims involve actual bodily harm. Your attorney will ensure that you receive compensation for medical bills currently incurred as well as any future expenses. This includes things like medications or home care, as well as physical therapy. You may also be able to claim any loss in quality of life caused by your injury. This includes things such as the inability to walk, sleep or drive normally. This type 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 oral or physical examinations and also the production of any documents. Following the conference your lawyer will draft the Bill of Particulars. It is a comprehensive account of your injuries. It will include all the losses you have suffered including the cost of your present and future medical expenses, lost earnings and property damage. Your lawyer will also outline the alleged emotional distress or disfigurement, loss of enjoyment of life and any other damages that you're seeking. If the case is found to be probable cause, your case will be scheduled for an open hearing. If your complaint is rejected because of a determination of no probable reason or because the court is not in jurisdiction, you may appeal the decision.
Summons
The formal lawsuit process starts with a summons and complaint. The plaintiff submits a complaint to the court and sends the defendant a copy via registered or certified mail within a specific time. The defendant must respond, or they risk a default judgement against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which sets out the injuries and damages you've suffered in greater detail. It could include photographs of your injuries, medical expenses and lost wages. It also includes details of the accident and how the defendant is accountable for your injuries.
In the middle of a lawsuit, called "discovery" in which each party has the opportunity to ask questions and review evidence held by the opposing party. Your lawyer will be crucial in this phase of negotiations because the representatives of the defendant want to have complete information before they make settlement offers.
Your lawyer may also request that you undergo an examination by any doctor they choose regarding the damages and injuries you're claiming. If you do not attend, the court may dismiss your case. Or order that you pay for the defendant's exam costs.
After discovery and inspection, attorneys from both sides can file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is ready to go to trial. The judge will then decide a trial date. During the trial, a jury will decide if the defendant is at fault for the accident and injuries. If the defendant is responsible the jury could award you damages. If the defendant is not responsible then the jury will dismiss your claim.
Trial
Personal injury claims can cover a broad variety of injuries, including emotional distress, wrongful death (libel or slander) as well as physical injuries from accidents like car crashes and falls. A lawsuit may also be filed for non-physical injuries, such as pain and discomfort and loss of companionship.
Your lawyer will conduct a thorough investigation on the accident during the beginning stages of the investigation to determine the exact nature and severity of your injuries. Then, he will negotiate with the insurance company. Your lawyer will stay in touch with you about any significant developments and discussions throughout the entire process.
After negotiations fail the lawyer will file an official complaint in the court against defendant. A Complaint is the first official document in a civil lawsuit. It 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 physically delivered to the defendant. This usually takes around one month. After service is completed the defendant has to "answer" the Complaint within a specific time frame, which is typically 30 days.
The answer will reveal whether the defendant denies or accepts the allegations contained in the Complaint. During this phase your lawyer may submit documents, medical records and other evidence to support of your case. The attorney representing the defendant will then reply to these documents and the two sides will begin discussions.
If the parties can't reach an agreement, mediation or arbitration may be required before a trial can take place. A large portion of personal injury cases are settled out of court. Once a settlement is reached, your lawyer must pay any businesses that have lien on the money award out of a special account in escrow before he/ she will write you an official check.