How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil dispute over the amount of compensation for injuries and losses. These lawsuits typically involve a person who is at fault (defendant) and an injured party referred to as the plaintiff.
Your lawyer will review your medical records and other documentation, in order to determine the full extent and cost of your injuries and the damages. This will assist them in preparing and negotiate with the insurance company on behalf of you.
Damages
When a plaintiff wins a personal injury lawsuit, the courts award them funds to pay for their damages. These funds may 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 of compensatory damages: specific and general. Special damages are measurable costs that can be listed, such as medical bills and lost earnings. General damages, such as discomfort and pain, as well as loss of enjoyment of living are more difficult to quantify.
Keep a diary of how your injuries have affected you can help improve your chances of obtaining the maximum amount of compensation for non-economic damages. This includes the impact on your relationships, daily pain levels and bouts of mental stress, and how your injuries affect your ability to take part in activities you once took for granted.
In a lot of personal injury cases, multiple defendants are at fault. This is especially true when a business or person acts with criminal intent, fraud and gross negligence. The court can also award punitive damages to deter others from acting in a similar manner.
Once Richmond injury lawyer is filed, the defendants will receive a summons and complaint. The defendants must respond (also called an answer) within 30 days. Usually, defendants will deny the allegations made in the complaint. After the answer is filed the case will move to an investigation stage, known as discovery. The parties will share information and evidence during this phase and may even conduct depositions. This is the majority of the personal injury timeline.
Statute of limitations
If you file a lawsuit claiming injury after the statute of limitations expires you could lose your right to recover damages. That's why it is important to speak with an attorney for personal injury about your case as early as possible, even if you are not certain if the incident happened within the deadline.
A statute of limitations is a law of the state which sets a time frame on how long you can bring a lawsuit for injury. In most states, a statute of limitations begins the date that the accident or incident led to your injuries. The deadline for filing a lawsuit for personal injuries is dependent on the individual you are suing. If you are suing an entity that is a part of the municipal government (such as a county or city) the deadline is shorter.
There are also certain situations that may change the statute of limitations in your case. If you were exposed toxic substances or were the victim of medical malpractice, for instance the statute of limitations could begin when you realize or reasonably should have known that your injuries are the result of negligence. In certain cases the statute of limitations can be extended for minors.
If you submit a claim for injury after the statute of limitation has expired, your defendant will likely tell the court about this and ask that your case be dismissed. In this case the court will dismiss your claim without a hearing. It is important to consult an attorney for personal injuries as soon as you can to discuss your case to determine if you are eligible to file an official claim.
Complaint
A complaint is an official legal document filed by a party who alleges a cause for action and seeks legal relief. The complaint must also specify the type of relief the plaintiff is seeking. The defendant must then respond within a specified timeframe. In general the case, a defendant will deny the claim. If the defendant fails to respond, default judgment can be entered in the petitioner's favor.
Personal injury claims are typically founded on bodily injury. Your attorney will ensure that you are compensated both for your current medical bills and any future costs. This includes things like medications as well as home care and physical therapy. Additionally, you can claim compensation for any loss in quality of life caused by your injuries. This includes the inability to sleep, drive or walk normally. This kind of injury is referred to as pain and suffering.
If a complaint is filed, the court will hold a preliminary conference to plan mandatory physical and oral examinations as well as any document production. Your lawyer will then prepare the Bill of Particulars. It will provide a full description of your injuries. It will include your losses including your current and future medical expenses loss of wages, as well as property damage. Your lawyer will describe any emotional distress, disfigurement or loss of enjoyment in your life, as well as any other damages not monetary you seek. If your case is determined to be probable cause, you will be scheduled for an open hearing. If your complaint is dismissed because of a determination of no probable reason or because the court is not in jurisdiction, you may appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff files the complaint with a court and sends a copy of the document to the defendant via registered or certified mail within a specific time frame. The defendant has to respond, or else risk a default judgement against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which describes the damages and injuries you've sustained more fully. It may include photographs of your injuries, medical bills and lost wages. The document will also contain information about the incident and how you believe the defendant is accountable for the harm.
During the middle phase of a lawsuit, called "discovery", each party has the opportunity to ask questions and look over evidence held by the other party. Your attorney is crucial during this stage of negotiations because the defendant's representatives want full information before making settlement offers.
Your lawyer can also request to have you examined by the doctor of their choice regarding the damages and injuries you're seeking. If you do not take part, the judge may dismiss your case or order that you pay the defendant for the costs of their examination.
After discovery and inspection, attorneys on both sides can file a form called "Notice of Issue and Statement of Ready for Trial" to inform the court that their 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 at fault and the jury awards you damages. If the defendant isn't liable and the jury decides to deny your claim.
Trial
Personal injury claims can cover a wide variety of injuries, including wrongful death, emotional distress (libel or slander), and physical harm from accidents, such as 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.
In the early stages of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend the cause of the incident and the extent of your losses. The lawyer will then engage with the insurance company of the party who is at the fault. Your attorney will stay in contact with you regarding any significant developments and will also negotiate throughout the entire process.
If negotiations don't work, your lawyer will file an official complaint in court against defendant. A complaint, the first official document filed in a civil suit, identifies all parties, describes the incident and alleges wrongdoing. It also requests compensation. The defendant must be personally served with the complaint, which means that it must be physically delivered to him or her. It usually takes about one month. After service, the defendant has 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or accepts the allegations in the Complaint. In this phase, your lawyer may submit medical records, documents as well as other evidence to prove your case. The attorney representing the defendant will then reply to these documents and the two sides will begin discussions.
If the parties can't come to an agreement, mediation or arbitration may be required prior to the trial can be held. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any company that have lien on your monetary award from a special money escrow before distributing the check.