How Personal Injury Lawsuits Work
A personal injury lawsuit is a civil battle over the amount of compensation for injuries and losses. In these instances the defendant is typically the one who is at fault. The plaintiff is typically the party who is injured.
Your attorney will review all of your medical records, as well as other documentation, in order to determine the totality 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 awards them money to pay for damages. These funds can be awarded in a lump sum or paid over time as part of a structured settlement. These funds are known as compensatory damages. There are two kinds of compensatory damages: specific and general. Special damages are those that can be quantified that can be listed for medical expenses and lost earnings. General damages are harder to quantify a dollar amount on, such as pain and suffering and loss of enjoyment.
Keeping a journal detailing how your injuries have affected you can help improve your chance of winning maximum compensation for non-economic damages. This includes the impact on your relationships, daily pain levels, mental anguish and your ability to do activities you used to take for granted.
In Bellingham injury lawsuits , there are multiple defendants. This is especially common when a person or business acts with the most blatant negligence, fraud and criminal motives. The court can also make punitive damages in order to discourage others from acting in a similar manner.
Once a lawsuit is filed and the defendants are served with a summons and complaint. The defendants are required to respond (also called an answer) within 30 days. Typically, defendants deny the allegations made in the complaint. Once the answer is filed, the case will enter a fact-finding stage known as discovery. Both parties will exchange information and evidence in this stage including depositions. This stage takes up the majority of the timeline for personal injuries.
Statute of limitations
If you file a lawsuit for injury after the statute of limitations expires, it is likely that you will lose your right to receive damages. It is crucial to speak with an attorney in personal injury whenever you can even if you're not certain if the incident occurred within the deadline.
A statute of limitations is a state law which sets a time frame on the time you must file an injury lawsuit. In the majority of states the statute of limitations starts with the date of the incident or accident that led to your injuries. The time limit for filing an injury lawsuit also depends on the party you are seeking to sue. For instance, if are seeking to sue a municipal government entity (such as a city or county), the deadline is 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 some cases, the statute of limitations is extended for minors.
If you submit an injury claim after the statute of limitation has expired, your defendant will likely inform the court of this and ask that your case be dismissed. If this occurs, the court could dismiss your claim on the spot without a hearing. This is why it's crucial to speak with a seasoned personal injury lawyer as soon as possible to discuss your case and determine whether you have a valid legal claim.
Complaint
A complaint is a formal legal document that is filed by a person who asserts a cause of action and seeks the judicial remedy. The complaint must also specify the kind of compensation the plaintiff is seeking. The defendant is then obliged to respond within a certain time frame. In general, a defendant will deny the claim. If the defendant fails to respond to the claim, a default judgement may be granted in favor of the petitioner.
Personal injury claims are usually founded on bodily injury. Physical injuries can be very costly, and your attorney will ensure that you get paid for any existing medical bills as well as any future expenses you anticipate. These expenses include medication or home care as well as physical therapy. You can also claim for any loss in your quality of life caused by your injury. This includes things like the inability to walk, sleep or drive normally. This kind of injury 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, as well as the production of any documents. Your lawyer will prepare an Bill of Particulars. This is a detailed description of your injuries. This will include the losses you have suffered including your future and current medical expenses loss of wages, as well as property damage. Your lawyer will outline any emotional distress, disfigurement or loss of enjoyment in your life as well as any other damages that are not monetary that you seek. If the case is found to be a probable cause your case will be scheduled for a public hearing. If the complaint is dismissed as a result of a ruling that there is no probable cause or because the court doesn't have jurisdiction, you may appeal the decision.
Summons
The formal process of a lawsuit begins with a summons and complaint. The plaintiff submits a complaint to the court and sends the defendant a copy of the complaint via registered or certified mail within a specified time. The defendant has to respond, or they risk a default judgement against them. Your New York City personal injury attorney will submit a Bill of Particulars, which details the injuries and damages you've suffered more fully. It could include photos of your injuries, medical bills and lost wages. The document will also contain information about the accident and how you think the defendant is responsible for the injury.
During the middle part of a lawsuit, also known as "discovery," each party gets to ask questions and examine evidence held by the other party. Your lawyer will be crucial in this phase of negotiations since the defendant's representatives want complete information prior to making settlement offers.
Your lawyer can also ask to have you examined by a physician they select for the injuries or damages you're seeking. If you don't attend, the court may dismiss your case. Or, they may require that you pay for the doctor's examination costs.
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 an appointment date for the trial. During the trial the jury will decide if the defendant was responsible for the accident and the injuries you sustained. If the defendant is accountable and the jury awards you damages. If the defendant is not at fault and the jury decides to deny your claim.
Trial
Personal injury claims can cover a wide range injuries, such as wrongful death, emotional distress (libel or slander), and physical harm caused by accidents such as car crashes and falls. Additionally, lawsuits can also be filed to address non-physical injuries such as the suffering of others and loss of companionship.
In the initial stages of your case your lawyer will conduct a thorough investigation of the accident to determine what occurred and the extent of your damages. The lawyer will then discuss the matter with the insurance company of the party who is at the fault. Your lawyer will stay in touch with you on any significant developments and will also negotiate throughout the process.
After negotiations have failed, your lawyer will 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, details the incident, argues for wrongdoing and demands compensation. The defendant must be personally served with the complaint, which is to say it must be delivered physically to the defendant. It typically takes a month. After service, the defendant will have 30 days to "answer" the Complaint.
The answer will explain whether the defendant denies or accepts the allegations made in the Complaint. During this stage your lawyer will submit documents, medical records and other evidence to back your case. The lawyer representing the defendant will submit an answer to these documents and the two sides will engage in further negotiations.
If the parties can't reach an agreement, then mediation or arbitration may be required prior to trial can begin. A large portion of personal injury cases are settled outside of court. After a settlement has been reached, your lawyer has to pay any companies with lien on the settlement through a specific escrow account before he or she will write you an official check.