How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. These cases often involve a party who is at the fault (defendant) and an injured party referred to as the plaintiff.
Your attorney will review your medical records and other documentation to understand the full extent of your injuries, the costs and damages. This will assist them in preparing and negotiate with the insurance company for you.
Damages
If a plaintiff prevails in a personal injury claim the judge awards the plaintiff a sum of money to cover damages. These funds may be awarded in one lump sum or paid 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 expenses that can be categorized and are measurable for example, medical expenses and lost wages. Kansas City injury lawyer , such as discomfort and pain, and loss of enjoyment of living, are more difficult to quantify.
Keep a diary of how your injuries have affected you can help improve the odds of obtaining the most money for damages that are not economic. This includes the effect on your relationships, your pain levels on a daily basis, mental anguish and your ability to do things you used to take for granted.
In a lot of personal injury cases, multiple defendants are accountable. This is most common when a person or business commits criminal intent, fraud or gross negligence. The court may also give punitive damages to discourage others from committing the same manner.
Once a lawsuit is filed and the defendants are served with a summons and complaint. They are then required to file a response which is also known as an answer within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer has been filed, the case moves to a stage of fact-finding known as discovery. The parties will share information and evidence during this phase, including taking depositions. This is the stage that accounts for the majority of time in the timeline of personal injury lawsuits.
Statute of limitations
If you make a claim for injury after the statute of limitation expires, it is likely that you will lose your right to receive damages. That's why it is important to speak with an attorney for personal injury about your case early even if you're not sure if the incident occurred within the timeframe.
A statute of limitations is a state law that sets a time limit on how long you have to bring a lawsuit for injury. In many states the statute of limitations begins on the date on which the accident or incident led to your injuries. The deadline for filing a lawsuit for personal injury is dependent on the individual you are suing. If you want to sue an entity that is a part of the municipal government (such as a county or city) the deadline is shorter.
There are other situations that may change the time limit in your case. If you were exposed to 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 instances 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 request that your case be dismissed. In this case the court will decide to dismiss your claim summarily without a hearing. It is important to consult an attorney for personal injuries as soon as you can to discuss your case and determine if you can make an official claim.
Complaint
A complaint is an official legal document filed by a party who claims a cause of action and seeks legal relief. The complaint should also define the kind of compensation the plaintiff is seeking. The defendant is then required to respond within a set timeframe. A defendant will usually decline to respond. If the defendant fails to respond, a default judgment could be granted to the petitioner's behalf.
Most personal injury claims are based on actual bodily harm. Your attorney will make sure that you are compensated both for your current medical bills and any future expenses. These include things like medication or home care, as well as physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes things like the inability to drive, sleep or walk normally. This kind of damage is known as pain and suffering.
When a complaint is filed when a complaint is filed, the court will hold a preliminary meeting to plan the mandatory oral and physical examinations as well as any document production. Your lawyer will then draft a Bill of Particulars. This is a thorough description of your injuries. It will include your losses including future and present medical costs loss of wages, as well as property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment in life as well as any other damages that are not monetary that you seek. If your case is deemed to have probable cause, you will be scheduled for an open hearing. If your complaint is dismissed due to a finding of no probable cause or because the court lacks jurisdiction, you may appeal the decision.
Summons
The formal lawsuit begins 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 certified or registered mail within a specific time frame. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will submit a Bill of Particulars, which sets out the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills and lost wages. It also contains details about the accident and how the defendant is responsible for the harm you suffered.
In the middle of a lawsuit, also known as "discovery," each party has the opportunity to ask questions and examine evidence held by the other party. Your attorney will be important during this stage of negotiations because the representatives of the defendants want complete information prior to making settlement offers.
Your lawyer may also request to see you by a doctor they choose in relation to the damages or injuries you're seeking. If you do not attend, the judge may dismiss your case, or demand that you pay the defendant for the costs of their examination.
After a discovery and inspection, attorneys on both sides may file a document called "Notice of Issue and Statement of Ready for Trial" to inform the court that their case is ready for trial. The judge will then decide on a trial. During the trial the jury will determine if the defendant is responsible for the accident and your injuries. If the defendant is to blame and the jury awards you damages. If the defendant isn't accountable then the jury will dismiss your claim.
Trial
Personal injury lawsuits can cover a wide range of injuries, including emotional distress, wrongful death (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 pain and discomfort and loss of companionship.
In the early stages of your case the lawyer will investigate your accident in order to fully comprehend the cause of the incident and the extent of your damages. He or she will then negotiate with the insurance company of the party at the fault. Your attorney will stay in touch with you about any significant developments and discussions throughout the entire process.
Once negotiations have failed and your lawyer has to file a formal complaint in the court against the defendant. A Complaint is the initial official document in a civil lawsuit that identifies the parties, describes the incident, argues for wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which is to say it must be physically delivered to the defendant. This usually takes 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. During this phase your lawyer will be able to submit documents, medical records, and other evidence in support of your case. The lawyer for the defendant will provide an answer 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. A significant number of personal injury cases are settled outside of court. Your lawyer must first pay any companies that have liens on your award from a specific account before distributing a check.