How Personal Injury Lawsuits Work
Personal injury lawsuits are civil litigation over compensation for losses or injuries. In these instances the defendant is usually the person who is at fault. The plaintiff is typically the victim.
Your attorney will review your medical records and other documents to assess the full extent of your injuries, expenses and damages. This will help them prepare and negotiate with the insurance company on behalf of you.
Damages
If a plaintiff prevails in a personal injury case the courts award them funds to cover their losses. Fort Myers injury attorney can be awarded in one lump sum or spread over time as part of a structured settlement. These funds are known as compensatory damages. There are two types: special and general. Special damages are costs that can be categorized and quantifiable, such as medical expenses and lost wages. General damages, such as discomfort and pain, and loss of enjoyment of life are more difficult to quantify.
Keep a journal to document the way your injuries affected your life. This will increase your chances of receiving the most compensation for the non-economic damages. These include the effects on your relationships, your daily pain levels, and episodes of mental stress, and how your injuries impact your ability to participate in activities that you used to take for taken for granted.
In many personal injury lawsuits, there are multiple defendants. This is most common when a business or person is guilty of fraud, criminal intent and gross negligence. The court may also give punitive damages to discourage others from acting in a similar way.
When a lawsuit is filed, the defendants will receive a summons and complaint. The defendants will be required to submit a response (also called an answering) within 30 days. Typically, the defendants will contest the allegations made in the complaint. After the answer is filed, the case moves to a stage of fact-finding known as discovery. The parties will share information and evidence in this stage including depositions. This phase takes up the majority of the timeline for personal injuries.
Statute of limitations
If you bring a lawsuit to recover for injuries after the statute of limitation expires, it is possible that you'll lose your right to receive damages. It is important to consult an attorney in personal injury as soon as possible, even if you're not sure whether the accident occurred before the deadline.
A statute of limitation is a law in a state that establishes a deadline for filing an action. In many states the statute of limitations runs on the date of the accident or incident that caused your injuries. The deadline to file a lawsuit for personal injury also varies depending on the person you're suing. For example, if you are seeking to sue a municipal government agency (such as a city or county) the deadline is much shorter.
There are certain circumstances that may change the time limit in your particular case. If you were exposed toxic substances or were the victim of medical malpractice, for instance, the statute of limitation could begin when you realize or reasonably ought to have realized that your injuries are due to negligence. In certain cases the statute of limitations can be tolled for minors.
If you file an injury claim after the time limit has expired the defendant will most likely inform the court and request the dismissal of your lawsuit. In this case the court will dismiss your claim summarily without a hearing. That's why it is important to speak with a seasoned personal injury lawyer early to discuss your case and determine if you have a viable legal claim.
Complaint
A complaint is a legal document filed by a plaintiff which asserts an action, and a demand for judicial relief. The complaint must also specify the kind of compensation the plaintiff seeks. The defendant is then obliged to respond within a specified timeframe. In general the case, a defendant will deny the claim. If the defendant does not respond to the claim, a default judgment could be granted for the petitioner.
In most cases, personal injury claims involve actual bodily injury. Your attorney will ensure that you are compensated both for your current medical bills as well as any future expenses. These include things like medication as well as home care and physical therapy. Additionally, you can claim for any loss of quality of life resulting from your injuries. This includes things like being unable to walk, sleep or drive normally. This kind of damage is known as pain and suffering.
When a complaint is made when 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. This is a detailed description of your injuries. It will include all your losses, including the costs of your current and anticipated future medical bills, lost earnings and property damage. Your lawyer will outline any emotional distress, disfigurement, or loss of enjoyment as well as any other damages that are not monetary that you seek. If the case is deemed to have probable cause the case 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 doesn't have jurisdiction, you can appeal the decision.
Summons
The formal lawsuit process begins with a summons and complaint. The plaintiff files a complaint with the court and sends the defendant a copy by certified or registered post within a specific time. The defendant has to respond or risk a default judgement against them. Your New York City personal injury attorney will prepare an Bill of Particulars, which describes the injuries and damages you've sustained more fully. It may include photographs of your injuries, medical bills, and lost wages. The document also includes information about the incident and how you believe the defendant is accountable for the injury.
In the middle of a lawsuit, also known as "discovery," each party has the opportunity to ask questions and inspect evidence that is held 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 an important role in negotiations during this time.
Your lawyer may also request that you undergo an examination by the doctor of their choice in relation to the damages and injuries you're seeking. If you fail to show up, the court may dismiss your case. Or order that you pay for the doctor's examination costs.
After a 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 set the date for a trial. During the trial, the jury will decide if the defendant was responsible for the accident and the injuries you suffered. If the defendant is accountable and the jury awards you damages. If the defendant is not accountable and the jury denies your claim.
Trial
A personal injury case encompasses a range of injuries that include wrongful death, emotional distress (libel and slander) and physical injury caused by accidents like car crashes and falls. A lawsuit may also be filed for physical injuries, such as discomfort and pain and loss of companionship.
Your lawyer will conduct an investigation on your accident in the beginning stages of the investigation to determine the exact cause and extent of your injuries. Then, he will negotiate with the insurance company. Your attorney will keep in contact with you regarding any significant developments and discussions throughout the process.
If negotiations are unsuccessful, your lawyer will file an official complaint in a court against the defendant. A Complaint is the initial official document in a civil suit that identifies the parties, details the incident, claims that there was wrongdoing, and seeks compensation. The complaint must be served personally and must be delivered physically to the defendant. It typically takes one month. After service is completed and the defendant is required to "answer" the Complaint within a specified date, which is usually 30 days.
The answer will reveal whether the defendant denies or acknowledges the allegations in the Complaint. At this point, your lawyer may submit documents, medical records as well as other evidence to prove your case. The attorney representing the defendant will then reply to these documents, and then the two sides will start discussions.
If the parties cannot reach an agreement, mediation or arbitration could be required before trial can begin. A significant number of personal injury cases are settled out of court. After a settlement has been reached, your lawyer must pay any companies that have lien on the award out of a special account for escrow before he or they can issue a check.