How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these situations the defendant is typically the one responsible for the incident. The plaintiff is typically the injured party.
Your lawyer will review your medical records, as well as other documentation, to determine the totality and cost of your injuries and the damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury case the judge will award the plaintiff money to pay damages. The funds may be awarded in an amount in one lump sum or spread out over a time period, as part if a structured settlement. These funds are referred to as compensatory damages. There are two types of compensatory damages: special and general. Special damages are the ones that can be quantified that can be itemized, such as medical bills and lost earnings. General damages, such as discomfort and pain, and loss of enjoyment of life, are more difficult to quantify.
Keep a journal in which you can record how your injuries impacted you. This will increase your chances of receiving the most compensation for noneconomic damages. This includes the impact on your relationships, your daily pain levels, and episodes of mental anguish, and how your injuries impact your ability to engage in activities that you used to take for taken for granted.
In many personal injury cases, more than one defendants are accountable. This is particularly true when a business or an individual is guilty of gross negligence, fraud, and criminal intention. The court may also award punitive damages to deter other people from acting in the same way.
After a lawsuit has been filed and the defendants are served with a summons and complaint. They will then be required to submit a response or answer within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed, the case will enter an investigation stage, known as discovery. This is the time when both parties will exchange relevant information and evidence, which includes taking depositions under an oath. This is where you will find the majority of the time in the timeline of a personal injury lawsuit.
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. This is why it's important to consult a personal injury lawyer about your case early even if not sure if the accident occurred before the deadline.
A statute of limitation is a law of the state that sets a deadline for filing a lawsuit. In most states, a statute of limitations starts on the date that the accident or incident caused your injuries. The deadline to file a personal injury lawsuit also varies depending on the individual you are suing. For example, if you are seeking to sue a municipal government agency (such as a county or city), the deadline is much shorter.
There are other situations that could alter the statute of limitation in your particular case. If you were 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 due to negligence. In certain cases minors are exempt from the statute of limitation.
If you file an 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 could summarily dismiss your claim without a 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 legitimate legal claim.
Complaint
A complaint is a legal formal document filed by a plaintiff which asserts an action, and a demand for the judicial remedy. The complaint must also specify the type of compensation that the plaintiff seeks. The defendant is then required to respond within a set time frame. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond to the claim, a default judgement may be granted in favor of the petitioner.
Personal injury claims are generally caused by bodily injury. Your lawyer will ensure that you receive compensation for your current medical bills as well as any future expenses. This includes things like medications, home care and physical therapy. You may also be able to claim any loss in your quality of life that is resulted from your injury. This includes the inability to walk, drive or sleep normally. This type of damages is referred to as pain and suffering.
When a complaint is made when a complaint is filed, the court will hold a preliminary conference to set the date for mandatory physical and oral examinations as well as any document production. Following the conference, your lawyer will prepare 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 as well as lost wages and property damage. Your lawyer will also outline the grievous emotional distress, disfigurement, loss of enjoyment of life and any other non-monetary damages you seek. If your case is deemed to be probable cause you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit starts with a summons. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant through certified or registered mail within a specified time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injuries attorney will prepare an Bill of Particulars that outlines the damages and injuries sustained by you in greater depth. It could include photographs of your injuries, medical bills and lost wages. The document also includes information about the accident and how you believe the defendant is accountable for the damage.
In the middle of a lawsuit, referred to as "discovery", each party has the opportunity to ask questions and look over evidence provided by the other party. Your attorney will be important in this stage of negotiations because the representatives of the defendants want complete information prior to making settlement offers.
Your lawyer can also ask that you undergo an examination by a doctor of their choosing in relation to the damages and injuries you're seeking. If you don't take part, the judge may dismiss your case, or demand that you pay the defendant for the costs of their examination.
Once discovery and inspection are completed, lawyers on both sides may file something called a "Notice of Issue" and a "Statement of Readiness for Trial." This informs the court that your case is now ready to go to trial. Iowa City injury lawsuit will then decide on the trial. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you suffered. If the defendant is liable, the jury will award you damages. If the defendant isn't at fault, the jury will reject your claim.
Trial
A personal injury case can result in a variety of injuries which include wrongful deaths; emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit could also be filed for physical injuries, such as discomfort and pain, as well as loss of companionship.
Your lawyer will conduct research regarding your accident in the beginning stages of the case to determine the exact nature and severity of your injuries. Then, he will negotiate with the at-fault party's insurance company. Your attorney will keep you informed and up to date on any negotiations and significant developments during this process.
After negotiations don't work, your lawyer will file a formal complaint in the court against defendant. A complaint is the first official document in a civil suit that names the parties, explains the incident, argues for wrongdoing and demands compensation. The complaint must be served personally and must be delivered physically to the defendant. This usually takes around one month. After service is completed and the defendant is required to "answer" the Complaint within a set date, which is usually 30 days.
The answer is whether the defendant admits to the allegations in the Complaint or denies them. In this phase your lawyer could submit medical records, documents and other evidence to back your argument. The lawyer representing the defendant will submit an answer to these documents and the two sides will then engage in further discussions.
If the parties cannot reach an agreement, then mediation or arbitration may be required before trial can begin. However, a large percentage of personal injury cases settle outside of court. After a settlement has been reached, your lawyer must pay any companies with lien on the award out of a special account for escrow before he or she will write you an official check.