How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over monetary compensation for injuries and losses. The cases typically involve a person who is at fault (defendant) and an injured party known as the plaintiff.
Your attorney will review all medical records and other documentation, to determine the full extent and cost of your injuries and damages. This will assist them in preparing and negotiate with the insurance company for you.
Damages
When a plaintiff wins a personal injury lawsuit, the courts award them money to cover their losses. The funds may be awarded in an amount in one lump sum or spread over a time period in a structured settlement. These funds are also known as compensatory damages. There are two kinds of compensatory damages: special and general. Special damages are those which can be listed and quantifiable like medical expenses and lost wages. General damages, like pain and discomfort and loss of enjoyment of life are more difficult to quantify.
Keeping a journal detailing how your injuries have affected you can help improve your chance of winning maximum compensation for non-economic damages. These include the effects on your relationships, daily pain levels, and episodes of mental stress and how your injuries affect your ability to participate in the activities you used to take for granted.
In many personal injury lawsuits there are multiple defendants. This is particularly true when a person or business acts with gross negligence, fraud, and criminal motives. The court may also award punitive damage to deter other people from acting in the same way.
The defendants receive a summons along with a complaint once a lawsuit is filed. They must file a response which is also known as an answer, within 30 days. Usually, the defendants will deny the allegations made in the complaint. After the answer is filed, the case is moved to a stage of fact-finding known as discovery. The parties will share information and evidence during this phase and may even conduct depositions. This is where you will find the majority of the time in a personal injury lawsuit timeline.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations has expired the statute of limitations will expire and you'll likely lose the right to collect damages. It is important to consult an attorney in personal injury as soon as possible even if you're not certain if the incident occurred within the time frame.
A statute of limitations is a law in a state that sets a deadline on the time you must make an injury lawsuit. In most states the statute of limitations starts on the date on which the accident or incident led to your injuries. The deadline for filing an injury lawsuit also depends on the party you are suing. For instance, if would like to sue a local government entity (such as a city or county) the deadline is much shorter.
There are other situations that may change the statute of limitation in your case. If you have been exposed to toxic substances or were the victim of medical malpractice, for example, the statute of limitation could begin when you realize 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 make an injury claim after the statute of limitation has expired the defendant will likely inform the court of this and request that your case be dismissed. If this occurs, the court could summarily dismiss your claim without hearing. It is crucial to speak with a personal injury lawyer as soon as you can to discuss your case to determine if you are eligible to file a legal claim.
Complaint
A complaint is a formal legal document filed by a plaintiff which asserts a cause of action and demands legal relief. The complaint should also indicate what kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a certain time frame. In general the event of a denial, the defendant will not respond to the claim. If Colorado Springs injury attorneys You Tube fails to respond, a default judgment may be made in favor of the petitioner.
In most cases, personal injury claims involve actual bodily harm. Physical injuries can be extremely expensive, and your attorney will work to ensure you get paid for any existing medical bills, as well as any future expenses you anticipate. These include things like medication or home care, as well as physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes things such as the inability to walk, sleep or drive normally. This kind of damage is referred to as suffering and pain.
The court will schedule a preliminary conference when a complaint has been filed. This will be used to schedule any required physical or oral examinations, as well as the production of any documents. Your lawyer will then prepare an Bill of Particulars. This is a detailed description of your injuries. It will include all your losses which include the cost of your current and anticipated future medical bills, lost earnings, and property damage. Your lawyer will also describe the alleged emotional distress and disfigurement, the loss of enjoyment of life and any other non-monetary damages you're seeking. If the case is determined to have probable cause your case will be scheduled for a public hearing. If your complaint is dismissed due to a determination of no probable reason or because the court lacks jurisdiction, you may appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and complaint. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant by certified or registered mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will file a Bill of Particulars, which describes the injuries and damages you've sustained more fully. It could include photos of your injuries, medical bills and lost wages. It may also include details of the accident and how the defendant is accountable for your harm.
In the middle of a lawsuit, called "discovery" in which each party is able to ask questions and review evidence provided by the opposing party. Your attorney will be important during this stage of negotiations since the representatives of the defendants want full information before making settlement offers.
Your lawyer can also ask to have you examined by a doctor they select in relation to the injuries or damages you're claiming. If you fail to take part, the judge may dismiss your case or require that you pay the defendant for the costs of their examination.
After the discovery and inspection process is completed, attorneys on both sides can file a document known as an "Notice of Issue" and a "Statement of Readyness for Trial." This informs the court that your case is now ready to go to trial. The judge will then decide an appointment date for the trial. During the trial, the jury will determine if the defendant is accountable for the accident and the injuries you sustained. If the defendant is to blame the jury could award you damages. If the defendant isn't liable and the jury decides to deny your claim.
Trial
Personal injury lawsuits can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander) as well as physical injuries from accidents like car crashes and falls. In addition, lawsuits may also be filed to address physical injuries, such as the suffering of others and loss of companionship.
Your lawyer will conduct research on your accident in the initial stages of the case to determine the precise nature and severity of your injuries. He or she will then engage with the insurance company of the party who is at the fault. Your lawyer will stay in contact with you regarding any significant developments and will also negotiate throughout the process.
If negotiations fail and your lawyer has to submit a formal complaint to court against the defendant. A complaint, the first official document of a civil suit, identifies all parties, outlines the incident, and claims that there was wrongdoing. It also seeks compensation. The defendant must be personally served with the complaint, which means it must be delivered physically to the defendant. This usually takes around one month. After service, the defendant has 30 days to "answer" the Complaint.
The answer will tell you if the defendant acknowledges the allegations in the Complaint or denies them. In this stage your lawyer may provide medical records, documents, and other evidence in support of your case. The attorney representing the defendant will then reply to these documents and then the two sides will begin discussions.
If the parties are not able to come to an agreement the mediation or arbitration process could be required before your case is put to trial. A significant portion of personal injury cases are settled outside of court. Your lawyer must first pay any company that have liens on your award through a specialized account before distributing a check.