How Personal Injury Lawsuits Work
Personal injury lawsuits are civil disputes over compensation for losses or injuries. In these situations the defendant is usually the one responsible for the incident. The plaintiff is typically the victim.
Your attorney will review your medical records and other documentation to assess the full extent of your injuries, costs and damages. This will allow them to prepare and negotiate on your behalf with the insurance company.
Damages
When a plaintiff wins a personal injury lawsuit, the courts award them funds to cover their losses. These funds can be awarded as an amount in one lump sum or spread over a time period or as part of a structured settlement. These funds are known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are costs that can be categorized and quantifiable, such as medical expenses and lost wages. General damages are more difficult to quantify a dollar amount on, like the suffering and pain, and the loss of enjoyment of life.
Keep a journal to document how your injuries affected you. This increases your chances of receiving the most compensation for the non-economic damages. This includes the effect on your relationships, pain levels throughout the day, mental anguish and your ability to complete activities you used to take for granted.
In a majority of personal injury cases, multiple defendants are responsible. This is most common when a person or business is guilty of reckless negligence, fraud, and criminal intent. The court may also award punitive damages 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. They are then required to submit a response or answer, within 30 days. Typically, the defendants will deny the allegations in the complaint. After the answer is filed and the case is referred to as the process of fact-finding, also known as discovery. The parties will exchange information and evidence during this stage, including taking depositions. This is where you will find the majority of the time in a personal injury lawsuit timeline.
Statute of limitations
If you file an injury lawsuit after the statute of limitations expires the statute of limitations will expire and you'll likely lose your right to recover damages. Arlington Heights injury lawyers is crucial to speak with an attorney for personal injuries as soon as possible even if you're unsure certain whether the incident occurred before the deadline.
A statute of limitation is a law of the state that provides a time frame for filing lawsuits. In most states, a statute of limitations begins on the date that the accident or incident led to your injuries. The deadline to file a personal injury lawsuit also depends on the individual you are seeking to sue. If you want to sue an entity of municipal government (such as city or county), the deadline will be much shorter.
In addition, there are certain situations that can change the statute of limitations in your particular case. If you were exposed toxic substances or suffered from medical malpractice, for instance, the statute of limitation may begin when you discover or reasonably should have known that your injuries are the result of negligence. In some cases, minors are exempt from the statute of limitation.
If you make a claim for injury after the statute of limitation has expired, your defendant will likely tell the court about this and request to dismiss your claim. If this happens, the court will dismiss your claim on the spot without hearing. It is crucial to speak with a personal injury lawyer as soon as possible to discuss your situation and determine if you can make a legal claim.
Complaint
A complaint is a legal document filed by a plaintiff that asserts an actionable cause and demands the judicial remedy. The complaint must also state the kind of compensation that the plaintiff is seeking. The defendant must then respond within a certain time frame. The defendant is usually able to reject the claim. If the defendant fails to respond, a default judgment may be entered in favor of the petitioner.
Personal injury claims are generally founded on bodily injury. Physical injuries can be very costly, and your attorney will work to ensure you are compensated for any existing medical bills as well as any future expenses you anticipate. These include things like medication, home care and physical therapy. Additionally, you can claim for any loss of quality of life that is caused by your injuries. This includes the inability to walk, drive or sleep normally. This type of damages is referred to as pain and suffering.
When a complaint is made, the court will hold a preliminary meeting to set the date for mandatory physical and oral examinations as well as any document production. Following the conference, your lawyer will prepare the Bill of Particulars. It will provide a full description of your injuries. This will include the losses you have suffered including your current and future medical costs, lost wages and property damage. Your lawyer will detail any emotional distress, disfigurement or loss of enjoyment as well as any other damages not monetary you seek. If your case is found to be a probable cause, you will be scheduled for an open hearing. If the complaint is dismissed because of a decision that there is no probable cause, or because the court does not have jurisdiction, you may appeal the decision.
Summons
The formal lawsuit begins with a summons. The plaintiff file the complaint with an appropriate court and then sends a copy of the document to the defendant via registered or certified mail within a specified timeframe. The defendant must respond or risk default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the damages and injuries you've suffered more fully. It could include photographs of your injuries, medical expenses and lost wages. The document also includes information about the accident and how you believe the defendant is responsible for the damage.
During the middle part of a lawsuit called "discovery," each party has the opportunity to ask questions and inspect evidence that is held by the other party. The defendant's representatives will want to have all the facts before making settlement offers, therefore your attorney plays a significant role in negotiations during this stage.
Your lawyer may also request to have you examined by a physician they select in connection with the damages or injuries you're claiming. If you fail to attend, the judge could dismiss your case or require that you pay the defendant their examination costs.
After discovery and inspection have been completed, lawyers on both sides can file something called 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 schedule a trial. During the trial, a jury will decide whether the defendant is at fault for the accident and injuries. If the defendant is responsible the jury could award you damages. If the defendant is not liable, the jury will reject your claim.
Trial
A personal injury lawsuit involves a wide range of injuries, including wrongful death; emotional distress (libel and slander) and physical injury caused by accidents such as car crashes and falls. A lawsuit could also be filed for non-physical injuries like discomfort and pain and loss of companionship.
In the early stages of your case, your lawyer will research your accident to fully understand what happened and the magnitude of your losses. Then, he or she will negotiate with the at-fault party's insurance company. Your lawyer will keep you up-to date on any negotiations and significant developments throughout this process.
After negotiations have failed the lawyer will make a formal complaint to the court against the defendant. A Complaint, which is the first official document of civil lawsuits, names all parties, details the incident and lays out allegations of wrongdoing. It also seeks compensation. The complaint must be personally served which means it must be delivered physically to the defendant. It typically takes a month. Once service is complete and the defendant is required to "answer" the Complaint within a specified date, which is usually 30 days.
The answer will tell you if the defendant is willing to admit the allegations made in the Complaint or refuses to acknowledge them. During this time, your lawyer can provide medical records, documents as well as other evidence in support of your case. The lawyer representing the defendant will submit an answer to these documents, and the two sides will continue to negotiate.
If the parties are unable to come to an agreement, mediation or arbitration could be required before a trial can take place. A large portion of personal injury cases are settled out of court. Your lawyer must first pay any companies with liens on your monetary award from a specific money escrow before distributing an actual check.