How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. In these cases, the defendant is usually the person responsible for the incident. The plaintiff is typically the party who is injured.
Your attorney will examine your medical records and other documents to understand the full extent of your injuries, expenses and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins a personal injury case the courts award them money to pay for their damages. These funds can be awarded in one lump sum or distributed over time as part of a structured settlement. These funds are referred to as compensatory damages. There are two types: general and special. Special damages are costs which can be listed and are measurable like medical expenses and lost wages. General damages, such as pain and discomfort and loss of enjoyment of living, are more difficult to quantify.
Keeping a journal detailing how your injuries have affected you can help improve your chance of winning the most money for damages that are not economic. These include the effects on your relationships, your daily pain levels and bouts of mental anxiety, and how your injuries impact your ability to take part 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 an individual acts with reckless negligence, fraud, and criminal motives. The court can also award punitive damages to deter other people from doing the same thing.
Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants must respond (also called an answer) within 30 days. Usually, defendants deny the allegations in the complaint. Once the answer is filed, the case will enter an investigation stage, known as discovery. Both parties will exchange information and evidence in this stage and may even conduct depositions. This is the stage that accounts for 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 expires you could lose the right to claim damages. It is crucial to speak with a personal injury attorney as soon as you can even if you're not sure whether the accident occurred within the timeframe.
A statute of limitations is a law in a state that establishes a deadline for filing an action. In many states, the statute of limitations begins with the date of the incident or accident which caused your injuries. The deadline for filing a personal injury lawsuit also varies depending on the individual you are suing. If you want to sue an entity that is a part of the municipal government (such as city or county) the deadline will be shorter.
There are other situations which could change the statute of limitation in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for instance the statute of limitations may begin when you discover or reasonably ought to have realized 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 Your defendant is likely to inform the court about this and ask to dismiss your claim. If this happens, the court will dismiss your claim in a sweeping manner without hearing. This is why it's important to talk with an experienced personal injury lawyer early on to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is an official legal document that is filed by a party that claims a cause of action and demands judicial relief. The complaint should also specify the kind of compensation that the plaintiff is seeking. The defendant must then respond within a specified time period. A defendant is likely to decline to respond. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner.
Personal injury claims are usually caused by bodily injury. Your lawyer will ensure that you are compensated both for medical bills currently incurred as well as any future expenses. These expenses include medications as well as home care and physical therapy. You can also claim compensation for any loss in quality of life caused by your injuries. Grand Rapids injury lawyer includes things such as the inability to walk, sleep or drive normally. This kind of injury is referred to as suffering and pain.
When a complaint is filed when a complaint is filed, the court will convene a preliminary conference to plan the mandatory oral and physical examinations, as well as any document production. Your lawyer will prepare a Bill of Particulars. This is a detailed report of your injuries. It will include all of your losses including the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also detail the grievous emotional distress or disfigurement, loss of enjoyment of life and any other non-monetary damages 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 as a result of a determination that there is no probable cause, or because the court does not have jurisdiction, you are able to appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and a complaint. The plaintiff files the complaint with an appropriate court and then sends a copy of the document to the defendant by certified or registered mail within a specific time frame. The defendant must respond, or else risk a default judgement against them. Your New York City personal injury attorney will prepare a Bill of Particulars, which describes the damages and injuries you've suffered in greater detail. It could include photos of your injuries, medical bills and lost wages. It may also include details of the accident and what the defendant is accountable for your injuries.
In the middle of a lawsuit referred to as "discovery," each party is allowed to ask questions and inspect the evidence of the other party. Your lawyer will be crucial during this stage of negotiations because the defendant's representatives want complete information before they make settlement offers.
Your lawyer can also ask to have you examined by a doctor of their choosing regarding the damages and injuries you're claiming. If you fail to attend, the court could dismiss your case. Also, the court may order you to pay for the defendant's exam costs.
After the discovery and inspection process is completed, the lawyers on each side can file something called an "Notice of Issue" and a "Statement of Readyness for Trial." This informs the court that your case is prepared to go to trial. The judge will then decide on the trial. During the trial, the jury will determine if the defendant is responsible for the accident as well as the injuries you suffered. If the defendant is accountable for the accident, the jury will award you damages. If the defendant isn't at fault then the jury will deny your claim.
Trial
Personal injury claims can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents, such as car crashes and falls. In addition, lawsuits may also be filed to address physical injuries, such as pain and suffering and loss of companionship.
In the initial stages of your case the lawyer will investigate your accident to fully understand what happened and the magnitude of your damages. He or she will then discuss the matter with the insurance company of the party who is at fault. Your lawyer will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process.
If negotiations are unsuccessful, your lawyer will file a formal complaint in the court against defendant. A Complaint is the first official document in a civil lawsuit. It identifies the parties, describes the incident, claims that there was wrongdoing and demands compensation. The complaint must be served personally which means it must be delivered physically to the defendant. This usually takes one month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer explains whether the defendant acknowledges the allegations in the Complaint or denies them. During this time, your lawyer can provide medical records, documents, and other evidence in support of your case. The lawyer representing the defendant will submit a response to these documents and the two sides will engage in further negotiations.
If the parties are unable to reach an agreement the mediation or arbitration process could be required prior to your case goes to trial. However, a significant percentage of personal injury cases are settled out of court. Your lawyer must first pay any businesses with liens on your monetary award from a special account before distributing the check.