How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle regarding compensation for financial losses and losses. These lawsuits typically involve a person who is at the fault (defendant) and an injured party, referred to as the plaintiff.
Your attorney will review all medical records and other documents, to determine the full extent and cost of your injuries and damage. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
If a plaintiff prevails in a personal injury claim, the judge gives the plaintiff a sum of money to cover damages. These funds can be awarded as lump sums or spread over a period of time or as part of a structured settlement. These funds are referred to as compensatory damages. There are two kinds: special and general. Special damages are the ones that can be quantified that can be categorized like medical bills and lost earnings. General damages are more difficult to quantify a dollar amount on, such as suffering and suffering, as well as loss of enjoyment.
Keeping a journal detailing how your injuries have affected you can help improve the odds of obtaining maximum compensation for non-economic damages. Fall River injury lawyer includes the impact on your relationships, daily pain levels and bouts of mental stress and how your injuries impact your ability to participate in the activities you used to take for taken for granted.
In a majority of personal injury cases, multiple defendants are responsible. This is particularly true when a person or business is guilty of the most blatant negligence, fraud and criminal intention. The court may also give punitive damages to discourage others from acting in the same way.
Once a lawsuit is filed, the defendants will receive a summons and complaint. They will then be required to submit a response or answer, within 30 days. Typically, defendants deny the allegations made in the complaint. After the answer is filed and the case is referred to as an investigation stage, known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This phase takes up the majority of the timeline for personal injuries.
Statute of limitations
If you make a claim for injury after the statute of limitation expires, it is possible that you'll lose the right to damages. That's why it is important to speak with an attorney who specializes in personal injury to discuss your case as early as possible even if not sure if the incident occurred within the timeframe.
A statute of limitations is a law of the state which sets a time frame on the time you have to bring a lawsuit for injury. In the majority of states the statute of limitations starts with the date of the accident or incident that led to your injuries. The time frame for filing an injury lawsuit is dependent on the person you are suing. For instance, if would like to sue a local government entity (such as a city or county), the deadline is shorter.
There are also certain situations that could alter the time limit in your situation. For instance, if you were exposed to harmful substances or a victim of medical malpractice the statute of limitations may start when you discover or ought to have realized, that your injuries were caused by negligence. In certain cases, minors are exempt from the statute of limitation.
If you submit an injury claim after the statute of limitation has expired the defendant will likely tell the court about this and ask that your case be dismissed. In this scenario, the court will dismiss your claim summarily without hearing. It is essential to contact a personal injury lawyer as soon as you can to discuss your case and determine if you are eligible to file an official claim.
Complaint
A complaint is a formal legal document filed by a person who asserts an action and demands the judicial remedy. The complaint must also specify the type of relief the plaintiff is seeking. The defendant is then required to respond within a set time frame. A defendant will usually deny the claim. If the defendant does not respond, a default judgment may be made in favor of the petitioner.
Personal injury claims are generally based on actual bodily harm. Your attorney will make sure that you get paid for your current medical bills as well as any future expenses. These include things like medication, home care and physical therapy. You can also claim for any loss of quality of life that is caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of damage is known as suffering and pain.
The court will set up an initial conference once the complaint has been filed. This will be used to schedule any required physical or oral examinations, and also the production of any documents. Your lawyer will then draft a Bill of Particulars. It is a comprehensive description of your injuries. It will include all the losses you have suffered including the cost of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will also outline the grievous emotional distress and disfigurement, the loss of enjoyment of life and any other damages that are not monetary you seek. If your case is determined to be probable cause, you will be scheduled for an open hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court does not have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit starts with the issue of a summons. The plaintiff file the complaint with the court and then sends a copy of the document to the defendant via registered or certified mail within a certain time frame. The defendant must respond, or they risk default judgment against them. Your New York City personal injury attorney will file an Bill of Particulars, which details the injuries and damages you've sustained more fully. This could include photos 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 harm.
In the middle of a lawsuit, also known as "discovery," each party is allowed to ask questions and examine the evidence of the other party. The defendant's representatives will need to be armed with all the information they need prior to making settlement offers, therefore your attorney will play a crucial role in negotiations during this phase.
Your lawyer may also request to have you examined by a physician they select in connection with the injuries or damages you're claiming. If you do not attend, the judge may dismiss your case or require that you pay the defendant for the costs of their examination.
Once discovery and inspection are completed, lawyers on each side can file something called an "Notice of Issue" and a "Statement of Readiness 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 decide if the defendant is responsible for the accident and the injuries you suffered. If the defendant is to blame the jury could award you damages. If the defendant isn't responsible, the jury will deny your claim.
Trial
Personal injury claims can cover a broad range of injuries, including wrongful death, emotional distress (libel or slander), and physical harm from accidents like car crashes and falls. A lawsuit could also be filed for non-physical injuries such as discomfort and pain, as well as loss of companionship.
In the early stages of your case your lawyer will conduct a thorough investigation of your accident to fully understand the cause of the incident and the extent of your injuries. He or she will then engage with the insurance company of the party who is at fault. Your lawyer will keep you informed and up to current on any negotiations and important developments throughout the process.
If negotiations fail and your lawyer has to make a formal complaint to court against the defendant. A Complaint is the first official document in a civil suit that identifies the parties, details the incident, alleges wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to him or her. It typically takes approximately a month. After service, the defendant is given 30 days to "answer" the Complaint.
The answer will tell you if the defendant denies or accepts the allegations in the Complaint. In this phase your lawyer will submit medical records, documents and other evidence to back your case. The lawyer for the defendant will provide an answer to these documents and the two parties will engage in further negotiations.
If the parties can't reach an agreement, mediation or arbitration may be required before trial can begin. However, a large percentage of personal injury cases settle out of court. Once a settlement is reached, your lawyer must pay any companies that have liens on the monetary settlement out of a separate escrow account before he or will issue you a check.