How to File an Injury Lawsuit
A personal injury lawsuit begins with the filing of a written complaint. The document identifies the parties involved, explains why wrongdoing occurred, and claims that it caused the plaintiff's injury.
Jurors and adjusters consider both economic damages (past or future medical bills and out of pocket expenses) and noneconomic damages (pain & suffering). They also consider punitive damages when justified.
Damages
Many victims are left with massive bills, lost wages and other expenses relating to their injuries. These expenses can also have an impact on the quality of their lives. A successful injury lawsuit could compensate for these damages and others. This type of compensation is called compensatory damages, and it attempts to put the victim in the same situation they would be in had the injury not occurred physically, financially and emotionally. There are two kinds of compensatory damages, financial and non-monetary. The former can include all costs associated with an injury, like past and future medical bills, repairs or replacement of damaged property loss of earning capacity, and other financial losses that are quantifiable. The latter are more intangible and harder to assign a dollar value to things like emotional distress as well as pain and suffering and loss of enjoyment of life.
In some states, a plaintiff who is injured could be entitled to punitive damages, if the wrongdoer engaged in a particularly bad, outrageous or malicious action. These damages are awarded to penalize the defendant, and deter others from engaging in similar conduct.
The majority of personal injury cases are settled before reaching court. Some cases might settle without a formal hearing but the majority are settled through an insurance claim and settlement process. This involves filing a claim with the insurer of the party responsible as well as engaging in a back and forth negotiation before finally settling a settlement.
It is essential for those who have been injured to be aware of their obligation to minimize the damage that is why they have an obligation to take measures to lessen the impact of their injuries and the loss caused by them. This may include seeking appropriate medical treatment and limiting the loss through other means like working a part-time job to pay the bills.
During the discovery phase of a lawsuit, we'll request relevant details from the defendant and the other parties involved in the case. This can include documents, interrogatories, and depositions from witnesses and experts. These investigations will allow us to determine the amount you deserve in damages. This will be included in any settlement demand.
Preparation
It is essential to seek compensation for your losses if someone else has caused you harm. The legal process can be complex. Many victims of injuries find it difficult to decide whether they should file a lawsuit, or simply follow the insurance claims process.
If you choose to hire an attorney to represent you in your case, the lawyer will determine the cause of the accident, and gather evidence to support your claims for damages. The lawyer may also work with expert witnesses such as accident reconstructionists medical professionals, as well as other experts to help strengthen your case.
Your lawyer will also have to document your injuries. You might be required to provide copies of medical bills as well as receipts that show the cost of repairing damage to property and timekeeping records indicating how much time was lost from work due your injuries. Your lawyer will determine an estimate of monetary damages to include in your demand for compensation.
The investigation of your case can take time and requires gathering a great deal of details. To prepare for this stage of your case, be willing to share information about yourself and your life that you may not have previously shared. Your lawyer will require information about where you reside, what kind of car you have and other personal identifiers which could be used against your case.
Continue to follow the treatment plan prescribed by your doctor. If you fail to do this, the defendant may argue that you did not take steps to reduce the damages and reduce your compensation.
Once your lawyer file a complaint and the other party answers, the case enters the discovery phase, which accounts for most of the time on your injury lawsuit's timeline. The parties exchange pertinent information during this phase, which can involve depositions of people who have knowledge about the accident and/or injured parties, subpoenas for documents and more.
It is crucial to be polite and respectful to the other side even if you are angry or frustrated. It is particularly important to be courteous when in front of a jury as they are tasked with making an important decision that will determine how much money you get.
Negotiation
Following a successful claim for injury you will need to negotiate with the at-fault party's insurance company to settle your claim. It's a lengthy and tedious process that may take a long time but it is often required to get the amount of compensation you're entitled to. A personal injury lawyer who is skilled can assist you in negotiating an agreement and ensure your rights.
Your lawyer will conduct a thorough investigation to determine what exactly occurred and who is responsible for your injuries. They will review police records, medical records, as well as other evidence admissible to create a solid case. They will consult with experts to obtain accurate estimates of your losses. This includes future medical expenses, lost earning capacity, and diminished quality of life due to long-lasting injuries.
Once the evidence is in, your lawyer will calculate the amount you're owed for your non-economic and financial losses. This includes the total amount of your current and future medical bills, lost income, and repairs on your property. It will also include any tangible losses, such as suffering and pain, as well as emotional distress.
After determining the amount you're entitled to, your lawyer will then send a demand letter to the defendant or their insurance company. This letter will explain the damages you have suffered and request a large amount of compensation. Insurance companies typically start with a low-cost offer and you should decline it. Your lawyer will then negotiate with the other party until they reach a reasonable settlement.
During the negotiation for settlement, it is important to remain focused and calm. The insurance company will be looking for ways they can save money and your lawyer must be ready to counter their arguments. It is a good idea to get witnesses to testify about the impact of your injuries on your life. This could be family members or friends who can relate to your inability to play with your children or go on romantic walks with your spouse, or lift things you were able to do.
The insurance company could argue that you were partially responsible for the accident, and may reduce the amount you receive in line with. This is a method that is not easy to defeat however, your lawyer is expected to be able against it using the evidence available.
Trial
After the lawsuit is filed, and the defendant responds in a fact-finding phase called discovery. You Tube can account for the majority of the time in a personal injury case. Your lawyer will collaborate with experts, such as accident reconstructionists, to collect evidence that proves causation, fault and liability. They will also work closely with your medical professionals to record your injuries and evaluate the damages you have suffered.
During this stage of the case Your lawyer will also be taking depositions. A deposition is a session in which your lawyer asks you questions under oath, and the lawyer of the defendant asks will also be asking you questions, all with a court reporter present to write down what is said. Your lawyer will prepare an outline of your case, which will include your injuries, losses and expenses, so that the jury or judge can understand your situation.
In some cases parties will try to settle their differences through a process called mediation. This could save the client time and money. If the parties are unable reach an agreement during mediation, or if the plaintiff is unwilling to take part, the case will be scheduled for trial.
In a trial, the jury or judge decides if the defendant is responsible for your injuries and accidents and, if yes then what amount the defendant must pay to compensate you for your losses. It is a lengthy process and may last several days.
Depending on the nature and circumstance of your case, your lawyer could be required to provide surveillance footage of the defendant's home or business. This footage can be used to prove your assertions that your injuries are severe and that your life has been significantly affected. The insurance company of the defendant may even have a private investigator follow you, recording each move for the purpose of securing your claim. For instance, they could take a video of you walking from your wheelchair to your car.
You will need to wait until the Court distributes your award. Before you can receive the money your lawyer will need to pay any companies who have a legal claim to a portion of the funds, known as liens, from an escrow account specifically designated for that. After that the lawyer will then send you a check.