How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. These lawsuits typically involve a person at fault (defendant) and an injured party known as the plaintiff.
Your attorney will review your medical records and other documents to determine the extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company on behalf of you.
Damages
When a plaintiff wins in a personal injury claim the judge will award the plaintiff money to pay damages. The money can be awarded as a lump sum or spread out over a period of time, as part if an agreed settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are measurable costs that can be categorized for medical expenses and lost earnings. General damages, like discomfort and pain, and loss of enjoyment of life, are more difficult to quantify.
Keep a journal in which you can record the way your injuries affected your life. This will increase your chances of receiving the maximum amount of compensation for any non-economic losses. These include the effects on your relationships, your daily pain levels, and episodes of mental stress, and how your injuries affect your ability to participate in activities that you used to take for taken for granted.
In many personal injury lawsuits, there are multiple defendants. This is most common when a business or person commits fraud, criminal intent or gross negligence. The court may also award punitive damages to deter other people from doing the same thing.
The defendants receive an order with an accusation once a lawsuit is filed. The defendants must submit a response (also known as an answering) within 30 days. Typically, defendants will deny the allegations made in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will share information and evidence during this phase including depositions. 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 limitations expires, it is likely that you will lose your right to receive damages. That's why it's crucial to talk to an attorney who specializes in personal injury to discuss your case early even if not certain if the incident occurred within the timeframe.
A statute of limitation is a law of the state that establishes a deadline for filing an action. In most states, the statute of limitations runs with the date of the incident or accident that led to your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the person you're suing. For instance, if you want to sue a municipal government entity (such as a city or county) the deadline is much shorter.
There are certain circumstances which could change the statute of limitations in your case. If you have been exposed to toxic substances or suffered from medical malpractice, for example, the statute of limitation may begin when you discover or ought to have known that your injuries are due to negligence. In certain cases, minors are exempt from the statute of limitation.
If you file a personal injury claim after the statute of limitations has expired, the defendant will most likely point this out to the court and request your lawsuit to be dismissed. If this occurs, the court will dismiss your claim on the spot without a hearing. This is why it's important to speak with a seasoned personal injury lawyer early on to discuss your case and determine whether you have a legitimate legal claim.
Complaint
A complaint is a formal legal document filed by a plaintiff which asserts an actionable cause and demands judicial relief. The complaint should also define the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a specified time period. The defendant is usually able to deny the claim. If the defendant fails to respond, a default judgment may be entered in the petitioner's favor.
Vallejo injury lawsuits are typically caused by bodily injury. Your lawyer will ensure that you receive compensation for medical bills currently incurred and any future costs. This includes things like medications or home care, as well as physical therapy. In addition, you can claim compensation for any loss in quality of life that is caused by your injuries. This includes things like the inability to drive, sleep or walk normally. This type of damage is called pain and suffering.
The court will schedule an initial conference once the complaint is filed to schedule any mandatory physical or oral examinations, as well as the production of any documents. Following the conference, your lawyer will prepare the Bill of Particulars. This is a thorough report of your injuries. It will include all of your losses, including the costs of your present and future medical bills, lost earnings, and property damage. Your lawyer will also describe the possible emotional distress and disfigurement, the loss of enjoyment of life, and any other damages that you seek. If your case is determined to be a probable cause you will be scheduled for an open hearing. If the complaint is dismissed because 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 process starts with a summons as well as a complaint. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant via certified or registered mail within a certain timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which describes the damages and injuries you've suffered more fully. This could include photos of your injuries, medical expenses and lost wages. The document also contains details about the incident and how you think the defendant is responsible for the damage.
During the middle part of a lawsuit, also known as "discovery," each party gets to ask questions and examine the evidence of the other party. The representatives of the defendant will want to be armed with all the information they need prior to making settlement offers, therefore your attorney plays a significant role in negotiations during this stage.
Your lawyer may also request that you undergo an examination by the doctor of their choice regarding the injuries and damages you're claiming. If you do not show up, the court may dismiss your case. Or order that you pay for the defendant's examination costs.
Once discovery and inspection are completed, the lawyers on both sides can file a document known as the "Notice of Issue and Statement of Readyness for Trial." This informs the court that your case is prepared to go to trial. The judge will then set the date for a trial. During the trial the jury will decide if the defendant is accountable for the accident and the injuries you sustained. If the defendant is at fault and the jury awards you damages. If the defendant is not responsible and the jury denies your claim.
Trial
A personal injury case involves a wide range of injuries that include wrongful death, emotional distress (libel and slander) as well as physical injuries caused by accidents, such as car crashes and falls. In addition, lawsuits may also be filed to address non-physical injuries such as the suffering of others and loss of companionship.
In the beginning of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your losses. Then, he or she will negotiate with the insurance company of the at-fault company. Your attorney will stay in touch with you about any significant developments and discussions throughout the process.
After negotiations have failed the lawyer will make a formal complaint to the court against the defendant. A Complaint, the first official document filed in a civil suit, identifies all parties, details the incident and alleges wrongdoing. It also demands compensation. The complaint must be served personally which means it must be physically handed to the defendant. This usually takes around a month. Once service is complete and the defendant is required to "answer" the Complaint within a specified date, which is usually 30 days.
The answer will explain whether the defendant denies or admits the allegations made in the Complaint. During this time your lawyer may provide medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents and the two parties will engage in further negotiations.
If the parties are not able to reach an agreement the mediation or arbitration process could be required before your case goes to trial. However, a substantial portion of personal injury cases are settled out of court. Your lawyer must first pay any companies with liens on your monetary award through a specialized money escrow before distributing a check.