How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. In these cases the defendant is usually the one responsible for the incident. The plaintiff is typically the party who is injured.
Your attorney will review all of your medical records and other documents, to determine the totality and cost of your injuries and damages. This will help them 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. The funds 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 types of compensatory damages: general and special. Special damages are costs which can be listed and quantifiable, such as medical expenses and lost wages. General damages, like discomfort and pain, and loss of enjoyment of life, are more difficult to quantify.
Keep a journal to document the way your injuries affected you. This increases your chances of receiving maximum compensation for noneconomic damages. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to do things you used to take for granted.
In many personal injury lawsuits, there are multiple defendants. This is most common when a person or business acts with reckless negligence, fraud, and criminal motives. The court may also award punitive damage to discourage others from engaging in the same manner.
After a lawsuit has been filed the defendants will be served with a summons and complaint. The defendants are required to respond (also called an answering) within 30 days. Typically, defendants contest the allegations made in the complaint. Once the answer is filed the case will move to the process of fact-finding, also known as discovery. This is when both parties will exchange relevant information and evidence, which includes taking depositions under an oath. This is the majority of the timeline for personal injuries.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations has expired you could lose the right to collect damages. That's why it's crucial to talk to an attorney who specializes in personal injury to discuss your case early on, even if you are not sure if the accident occurred before the deadline.
A statute of limitations is a state law which sets a time frame on the amount of time you can make an injury lawsuit. In most states the statute of limitations runs with the date of the accident or incident which caused your injuries. The deadline for filing a lawsuit for personal injury also varies depending on the person you're seeking to sue. If you want to sue an entity that is a part of the municipal government (such as city or county) the deadline is shorter.
In Santa Clara injury lawsuit youtube.com , there are certain situations which could change the statute of limitations in your situation. For instance, if were exposed to harmful substances or a victim of medical negligence The statute of limitations could begin when you discover, or reasonably should have discovered, that your injuries were the result of negligence. In certain cases, the statute of limitations can be extended for minors.
If you file a personal injury claim after the time limit has expired, the defendant will most likely to inform the court and request the case to be dismissed. If this occurs, the court will summarily dismiss your claim without hearing. This is why it's important to speak with a seasoned personal injury lawyer early on to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is an official legal document filed by a party who asserts a cause of action and seeks the judicial remedy. The complaint should also indicate what kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a specified timeframe. In general, a 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.
In the majority of cases, personal injury claims involve actual bodily injury. Your lawyer will ensure that you receive compensation for your current medical bills and any future expenses. These expenses include medication or home care as well as physical therapy. You can also claim any loss in quality of life that is caused by your injury. This includes the inability to walk, drive or sleep normally. This type of damages is known as suffering and pain.
The court will set up the preliminary conference after a complaint has been filed to schedule any mandatory oral or physical examinations and also the production of any documents. Following the conference your lawyer will draft an Bill of Particulars. This is a detailed description of your injuries. It will include all the losses you have suffered including the cost of your current and future medical bills, lost earnings, and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment in life as well as any other damages not monetary you seek. If the case is deemed to be probable cause, your case 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 complaint. The plaintiff files a complaint with the court and then sends the defendant a copy via registered or certified mail within a certain time frame. The defendant must respond or risk a default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which details the injuries and damages you've suffered in greater detail. It may include photographs of your injuries, medical bills and lost wages. It may also include details of the accident and how the defendant is accountable for your injuries.
In the middle of a lawsuit, called "discovery" the parties is able to ask questions and look over evidence held by the other party. Your attorney is crucial during this stage of negotiations because the representatives of the defendant want to have complete information before they make settlement offers.
Your lawyer can also request that you undergo an examination by the doctor of their choice regarding the injuries and damages you're claiming. If you fail to attend, the judge could dismiss your case, or demand that you pay the defendant the cost of their examination.
Once discovery and inspection are completed, the lawyers on both sides can file a document known as the "Notice of Issue" and a "Statement of Readiness for Trial." This informs the court that your case is now ready to go to trial. The judge will then set the date for a trial. During the trial the jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is at fault, the jury may award you damages. If the defendant isn't responsible and the jury denies your claim.
Trial
A personal injury lawsuit involves a wide range of injuries, including wrongful death; emotional distress (libel and slander); and physical harm caused by accidents such as car crashes and falls. In addition, lawsuits may also be filed over physical injuries, such as the suffering of others and loss of companionship.
In the initial stages of your case, your lawyer will research the accident to determine what occurred and the extent of your losses. Then, he or she will work with the insurance company of the at-fault company. Your attorney will keep you up-to current on any negotiations and significant developments during this process.
After negotiations don't work, your lawyer will file an official complaint in the court against defendant. A Complaint, which is the first official document filed in a civil suit, identifies all parties, details the incident and alleges wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. It usually takes about a month. After service is completed the defendant has to "answer" the Complaint within a specific time frame, which is typically 30 days.
The answer will tell you if the defendant denies or acknowledges the allegations contained in the Complaint. At this point your lawyer could submit documents, medical records and other evidence to support your case. The attorney representing the defendant will then reply to these documents, and then the two sides will start negotiations.
If the parties are not able to reach a settlement the mediation or arbitration process could be required before your case can go to trial. A significant number of personal injury cases are settled out of court. Your lawyer must first pay any companies that have liens on your award from a special money escrow before distributing an actual check.