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 usually the one at fault. The plaintiff is usually the injured party.
Your attorney will review your medical records and other documents to determine the extent of your injuries, the costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in an injury lawsuit, the courts award them money to pay for their damages. Ogden injury lawsuit can be awarded in one lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are expenses that can be categorized and quantifiable, such as medical expenses and lost wages. General damages are more difficult to place a dollar value on, like the suffering and pain, and the loss of enjoyment.
Keep a diary to record the way your injuries affected your life. This increases your chances of receiving the maximum amount of compensation for the non-economic damages. This includes the effect on your relationships, daily pain levels, mental anguish and your ability to perform things you once took for granted.
In a majority of personal injury cases, multiple defendants are at fault. This is especially common when a business or an individual commits gross negligence, fraud, and criminal motives. The court may also award punitive damages to discourage others from engaging in the same manner.
When a lawsuit is filed and the defendants are served with a summons and complaint. They must respond or answer, within 30 days. Typically, the defendants will contest the allegations made in the complaint. Once the answer is filed the case will move to an investigation stage, known as discovery. The parties will exchange information and evidence during this phase including depositions. This stage takes up the majority of the personal injury timeline.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations runs out the statute of limitations will expire and you'll likely lose the right to collect damages. It is crucial to speak with a personal injury attorney whenever you can, even if you're not certain whether the incident occurred before the time frame.
A statute of limitation is a state law which provides a time frame for filing an action. In most states the statute of limitations begins on the date on which the accident or incident caused your injuries. The deadline to file a personal injury lawsuit also varies depending on the person you're suing. If you want to sue an entity of municipal government (such as the city or county), the deadline will be much shorter.
There are also certain situations which could change the statute of limitation in your particular case. If you have been exposed to toxic substances or were the victim of medical malpractice, for instance the statute of limitations can begin when you discover or ought to have known that your injuries are the result of negligence. In certain cases minors are not subject to the statute of limitation.
If you file an injury claim after the statute of limitations has expired, your defendant will likely inform the court of this and ask that your case be dismissed. In this instance the court will decide to dismiss your claim without a hearing. It is crucial to speak with an attorney who specializes in personal injury as soon as possible to discuss your case to determine if you are eligible to file a legal claim.
Complaint
A complaint is an official legal document that is filed by a person who claims a cause of action and seeks judicial relief. The complaint should also define the type of relief the plaintiff seeks. The defendant must then respond within a certain timeframe. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment may be entered for the petitioner.
Personal injury claims are usually based on actual bodily harm. Your attorney will ensure that you are compensated both for your current medical bills and any future costs. These expenses include medication as well as home care and physical therapy. You can also claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to sleep, drive or walk normally. This kind of damage is referred to as suffering and pain.
When a complaint is made and the court is notified, they will hold a preliminary conference to schedule obligatory oral and physical examinations, as well as any document production. Following the conference your lawyer will draft the Bill of Particulars. It is a thorough description of your injuries. It will include all the losses you have suffered which include the cost of your present and future medical bills, 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 are not monetary you seek. If your case is determined to be a probable cause you will be scheduled for an open hearing. If your complaint is rejected due to a determination of no probable cause or because the court does not have authority, you can appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff file a complaint with the court and then sends the defendant a copy via certified or registered post within a certain time frame. The defendant must respond, or they 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 suffered by you in more detail. This may include photos of your injuries, medical bills and lost wages. It also contains details about the accident and how the defendant is accountable for your harm.
In the middle of a lawsuit, referred to as "discovery" in which each party is able to ask questions and look over evidence held by the opposing party. The representatives of the defendant will want to have all the facts before making settlement offers, and your attorney will play a crucial role in negotiations during this phase.
Your lawyer may also request to have you examined by a doctor of their choosing in regard to the damages and injuries you're seeking. If you don't attend, the court may dismiss your case. Or, they may require that you pay for the defendant's examination costs.
After the discovery and inspection process is completed, the lawyers on both sides may file a document known as an "Notice of Issue and Statement of Readyness for Trial." This informs the court that your case is ready to go to trial. The judge will then schedule the trial. 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 may award you damages. If the defendant is not responsible, the jury will deny your claim.
Trial
A personal injury lawsuit 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. In addition, lawsuits can also be filed for non-physical injuries like the suffering of others and loss of companionship.
In the initial stages of your case, your lawyer will research your accident to fully understand the cause of the incident and the extent of your injuries. The lawyer will then negotiate with the insurance company of the party who is at fault. Your lawyer will keep you up-to current on any negotiations and significant developments during this process.
If negotiations don't work 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, alleges wrongdoing and demands compensation. The complaint must be personally served, which means that it must be handed over physically to the defendant. It typically takes one month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or acknowledges the allegations contained in the Complaint. During this phase your lawyer will be able to provide medical records, documents, and other evidence in support of your case. The defendant's lawyer will submit a response to these documents and the two parties will then engage in further discussions.
If the parties are unable to reach an agreement, then mediation or arbitration may be required before trial can begin. However, a substantial portion of personal injury cases settle out of court. Your lawyer must first pay any companies with liens on your monetary award from a specific money escrow before distributing the check.