How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. Worcester involve a person at the fault (defendant) and an injured party known as the plaintiff.
Your attorney will examine your medical records and other documents to determine the extent of your injuries, costs and damages. This will help them prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins in a personal injury claim the court will award the plaintiff a sum of money to cover damages. These funds can be awarded in an amount in one lump sum or spread over a period of time or as part of the settlement is structured. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are the ones that can be quantified that can be listed for medical expenses and lost earnings. General damages are more difficult to place a dollar value on, such as the suffering and pain, and the loss of enjoyment of life.
Keep a journal in which you can record how your injuries impacted your life. This increases your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the impact on your relationships, daily pain levels, and episodes of mental stress, and how your injuries impact your ability to engage in activities you once took for taken for granted.
In many personal injury cases, more than one defendants are at fault. This is especially true when a business or individual is guilty of criminal intent, fraud and gross negligence. The court may also award punitive damage to discourage others from acting in the same way.
The defendants receive an order with a complaint after a lawsuit is filed. The defendants will be required to respond (also called an answer) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed, the case enters an investigation known as discovery. Both parties will exchange information and evidence during this stage, including taking depositions. This is where you will find the majority of time in the timeline of personal injury lawsuits.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires, it is likely that you'll lose your right to receive damages. It is important to consult an attorney in personal injury as soon as possible, even if you're not sure whether the accident occurred before the time frame.
A statute of limitations is a law in a state which sets a time frame on the time you have to make an injury lawsuit. In the majority of states, the statute of limitations runs on the date of the accident or incident which caused your injuries. The deadline for filing a personal injury lawsuit also varies depending on the person you're suing. If you intend to sue an entity that is a part of the municipal government (such as city or county), the deadline is shorter.
There are other situations that may change the statute of limitations in your particular case. If you were exposed toxic substances or suffered from medical malpractice, for instance the statute of limitations can begin when you discover or reasonably ought to have realized that your injuries are the result of negligence. In some cases, the statute of limitations is tolled for minors.
If you file an injury claim after the statute of limitations has expired, the defendant will most likely inform the court and ask for your lawsuit to be dismissed. In this scenario the court will dismiss your claim summarily without hearing. That's why it is important to talk with an experienced 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 formal legal document filed by a plaintiff which alleges an actionable cause, and a demand for the judicial remedy. The complaint must also state the kind of compensation that the plaintiff seeks. The defendant is then required to respond within a certain timeframe. In general the event of a denial, the defendant will reject the claim. If the defendant fails to respond, a default judgment may be granted in favor of the petitioner.
Personal injury claims are generally founded on bodily injury. Your attorney will make sure that you get paid for medical bills currently incurred and any future costs. These include things like medication as well as home care and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes things like being unable to walk, drive, or sleep normally. This type of damages is known as suffering and pain.
When a complaint is filed and the court is notified, they will hold a preliminary conference to plan the mandatory oral and physical examinations as well as any document production. Your lawyer will then draft the Bill of Particulars. This is a thorough report of your injuries. This will include your losses including future and present medical expenses as well as lost wages and property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment, as well as any other non-monetary damages that you are seeking. If your case is determined to have probable cause you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable cause or because the court does not have authority, you can appeal the decision.
Summons
The formal lawsuit process starts with a summons as well as a complaint. The plaintiff files the complaint with the court and then sends a copy of the document to the defendant by certified or registered mail within a certain time frame. The defendant has to respond or risk a default judgment against them. Your New York City personal injuries attorney will file an Bill of Particulars that outlines the injuries and damages suffered by you in more detail. It could include photographs of your injuries, medical bills and lost wages. The document will also contain information regarding the accident and why you believe the defendant is responsible for the damage.
In the middle of a lawsuit, also known as "discovery," each party gets to ask questions and look over evidence that is held by the other party. The representatives of the defendant will want to have complete information before making settlement offers, therefore your attorney plays a significant role in negotiations during this phase.
Your lawyer can also request to see you by a doctor they choose for the damages or injuries you're seeking. If you fail to attend, the judge may dismiss your case or require that you pay the defendant the cost of their examination.
After the discovery and inspection, attorneys from both sides can file a form called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is prepared for trial. The judge will then set the date for the trial. During the trial, a jury will decide if the defendant is responsible for the accident and your injuries. If the defendant is liable 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
A personal injury lawsuit encompasses a range 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 non-physical injuries such as discomfort and pain and loss of companionship.
Your lawyer will conduct a thorough investigation on the accident during the beginning stages of the case to determine the precise nature and severity of your injuries. Then, he or she will negotiate with the insurance company. Your lawyer will keep you up-to the minute on any negotiations or important developments throughout the process.
After negotiations don't work and your lawyer is unable to resolve the issue, he will file an official complaint in court against defendant. A Complaint is the initial official document in a civil suit that identifies the parties, describes the incident, alleges wrongdoing, and seeks compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. It typically takes a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will tell you if the defendant is willing to admit the allegations in the Complaint or refuses to acknowledge them. In this phase, your lawyer may submit medical records, documents and other evidence to support your case. The lawyer representing the defendant will submit an answer to these documents, and the two sides will continue to negotiate.
If the parties cannot reach an agreement, mediation or arbitration may be required before a trial can take place. However, a large percentage of personal injury cases settle outside of court. Once a settlement is reached, your lawyer must pay any companies that have lien on the settlement through a specific account for escrow before he or she will write you a check.