Are You Confident About Injury Claim Compensation? Take This Quiz

How Personal Injury Lawsuits Work

A personal injury lawsuit is a civil battle over monetary compensation for injuries and losses. In these instances, the defendant is usually the one who is at fault. The plaintiff is usually the party who is injured.

Your lawyer will go through your medical records and other documents to understand the full extent of your injuries, the costs and damages. This will help them prepare and negotiate with the insurance company for you.

Damages

If a plaintiff is successful in a personal injury claim, the court gives the plaintiff a sum of money to cover damages. The money can be awarded in a lump sum or spread over a time period or as part of an agreed settlement. These funds are also known as compensatory damages. There are two types of compensatory damages: special and general. Special damages are those that can be itemized and are measurable for example, medical expenses and lost wages. General damages, such as pain and discomfort and Personal injury claims loss of enjoyment, are more difficult to quantify.

Keep a diary to record how your injuries affected you. This increases your chances of receiving the maximum amount of compensation for noneconomic damages. This includes the impact on your relationships, your pain levels on a daily basis mental stress and your ability to complete things you once took for granted.

In many personal injury lawsuits there are many defendants. This is the most frequent scenario when a person or business is guilty of fraud, criminal intent, and gross negligence. The court can also award punitive damage to deter other people from doing the same thing.

Once a lawsuit is filed, the defendants will receive a summons and complaint. They will then be required to submit a response, also known as an answer, within 30 days. Typically, defendants will contest the allegations made in the complaint. After the answer is filed, the case will enter the process of fact-finding, also known as discovery. The parties will exchange information and evidence in this stage, including taking depositions. This phase takes up the majority of a personal injury timeline.

Statute of limitations

If you make a claim for injury after the statute of limitation expires, it's likely that you will lose your right to receive damages. This is why it's important to speak with a personal injury lawyer about your case early on even if not sure if the incident happened within the deadline.

A statute of limitations is a state law which sets a time frame on the time you have to make an injury lawsuit. In many states, a statute of limitations begins the date that the accident or incident led to your injuries. The deadline to file a lawsuit for personal injury is dependent on the person you're seeking to sue. If you are suing an entity that is a part of the municipal government (such as a county or city) the deadline will be shorter.

Additionally there are certain circumstances which could change the statute of limitations in your case. For instance, if you were exposed to harmful substances or suffered medical malpractice the statute of limitations may start when you realize or should have discovered, that your injuries were the result of negligence. In certain instances the statute of limitations may be tolled for minors.

If you file a personal injury claim after the time limit has expired the defendant will likely point this out to the court and ask for the case to be dismissed. In this scenario the court will dismiss your claim without a hearing. This is why it's crucial to speak with a seasoned personal injury lawyer early to discuss your case and determine whether you have a legitimate legal claim.

Complaint

A complaint is a formal legal document filed by a plaintiff that alleges a cause of action and demands the judicial remedy. The complaint should also define the kind of compensation the plaintiff seeks. The defendant must then respond within a specific time frame. A defendant will usually reject the claim. If the defendant fails to respond to the claim, a default judgment could be entered in favor of the petitioner.

Personal injury claims are generally based on actual bodily harm. Physical injuries can be expensive, and your lawyer will work to ensure you are compensated for any existing medical bills and any anticipated future expenses. These expenses include medications as well as home care and physical therapy. In addition, you can claim compensation for any loss in quality of life resulting from your injuries. This includes the inability to walk, drive or sleep normally. This kind of injury is known as pain and suffering.

The court will schedule a preliminary conference when the complaint is filed. This will be used to schedule any required oral or physical examinations, and also the production of any documents. Following the conference your lawyer will draft the Bill of Particulars. It will provide a full description of your injuries. This will include your losses including your current and future medical costs, lost wages and property damage. Your lawyer will describe any emotional distress, disfigurement, or loss of enjoyment in your life and any other non-monetary damages that you seek. If the case is determined to be a probable cause the case will be scheduled for public hearing. If your complaint is rejected due to a determination of no probable reason or because the court is not in authority, you can appeal the decision.

Summons

The formal process of a lawsuit begins with a summons and a complaint. The plaintiff files 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 risk a default judgment against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which details the injuries and damages you've suffered more fully. It could include photographs of your injuries, medical expenses and lost wages. The document also contains details regarding the accident and why you believe the defendant is accountable for the injury.

In the middle of a lawsuit, referred to as "discovery", each party has the opportunity to ask questions and look over evidence presented by the other party. The representatives of the defendant will want to have all the facts before making settlement offers, so your attorney will play a crucial role in negotiations during this time.

Your lawyer can also ask to see you by a doctor they choose for the injuries or damages you're seeking. If you don't take part, the judge may dismiss your case or order that you pay the defendant for the costs of their examination.

After a discovery and inspection, attorneys on both sides can file a document called "Notice of Issue & Statement of Ready for Trial" to inform the court that their case is ready to go to trial. The judge will then set 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 suffered. If the defendant is responsible the jury could award you damages. If the defendant is not responsible and the jury denies your claim.

Trial

A personal injury lawsuit can result in a variety of injuries that include wrongful death, emotional distress (libel and slander); and physical harm caused by accidents, such as car crashes and falls. A lawsuit could also be filed for injuries that are not physical like pain and discomfort and loss of companionship.

In the beginning of your case your lawyer will conduct a thorough investigation of your accident in order to fully comprehend what happened and the magnitude of your injuries. He or she will then negotiate with the insurance company of the party at the fault. Your attorney will keep in contact with you regarding any significant developments and will also negotiate throughout the process.

After negotiations fail the lawyer will file a formal complaint in a court against the defendant. A complaint is the first official document in a civil lawsuit that names the parties, explains the incident, argues for wrongdoing, and requests compensation. The defendant must be personally served with the complaint, which means it must be physically delivered to him or her. This usually takes a month. After service, the defendant is given 30 days to "answer" the Complaint.

The answer will explain whether the defendant denies or admits the allegations contained in the Complaint. At this point your lawyer could submit documents, medical records and other evidence to support your argument. The lawyer representing the defendant will respond to these documents and the two sides will start discussions.

If the parties are not able to reach an agreement and mediation or arbitration might be required before your case can go to trial. A significant number of personal injury cases are settled 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 account in escrow before he/ they can issue a check.