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Personal injury lawsuits involve civil proceedings brought before a court of law to claim injuries sustained as the result of another’s negligence or conduct, often within an allotted window (known as the statute of limitations) period.
Plaintiffs allege that the defendant caused them harm, seeking compensation for medical bills, lost income and pain and suffering damages as a result.
As with any accident, seeking prompt medical care is of utmost importance. Medical records provide essential proof of injuries and losses; additionally it’s imperative that all documentation associated with your injury be saved, including receipts for medications taken as a result of being injured as well as parking fees at hospitals or doctors offices as well as time missed from work due to injuries.
After documenting your injuries, your attorney will prepare a complaint that outlines all your allegations against the defendant as well as what damages are being sought from them. Your lawyer will also notify their insurance provider of your claim, potentially negotiating on your behalf – never speak directly with them without first consulting your lawyer; saying something could compromise your case by accident.
Keep in mind that filing a personal injury lawsuit may take years, as oftentimes it requires time for doctors and lawyers to assess how serious your injuries are and determine an amount that covers all losses suffered from them. Furthermore, filing one requires several steps, with time limits beginning to run from the date of injury itself.
At this stage, your attorney will conduct extensive research into your injuries, costs and damages to fully understand all aspects of the situation. This involves gathering medical records as well as determining non-economic damages such as pain and suffering; we are highly experienced at placing a monetary value on physical, emotional and mental pain associated with serious accidents caused by someone else’s neglect or carelessness.
Personal injury cases often end in out-of-court settlements, with the injured party receiving money in exchange for not continuing legal action. This typically takes place after meeting and discussing matters between plaintiff and defendant – often car accidents but sometimes other types of personal injuries as well. Reaching such agreements often takes multiple negotiations based on each unique case situation.
If you’ve been injured due to someone else, filing a personal injury lawsuit might be possible. These claims seek financial compensation for medical bills, lost wages, pain and suffering as well as any other losses sustained as a result of an accident.
Step one in any personal injury case involves your attorney assessing the damage you’ve sustained. They will look over medical records, property damage documents, photographs of the accident scene and injuries sustained as well as any related documentation to assess what amount would best represent recovery for you.
Once your attorney believes you have a valid claim, they will file a civil court complaint on your behalf. This document details what happened that caused your injury and how much damages are sought against those responsible. Often these claims allege negligence – wherein an act failed to uphold their duty as a reasonable and prudent person which led to an accident which resulted in injury; or grossly negligent, which is far more severe.
After your complaint is filed, it must be served on the defendant personally or via professional process servers as soon as possible. If serving cannot take place personally, law enforcement officials or process servers can serve it on behalf of defendant.
Discovery involves gathering information from both the defendant’s insurance provider and anyone who may be responsible for your damages, in order to build a compelling case on your behalf for compensation. While this process can be time consuming and cumbersome, it’s necessary in order to develop a compelling claim.
At this stage, settlement offers may come from both the defendant and their insurer. You are free to accept them at any point during your case; many personal injury cases never make it all the way to trial.
After being served with the Complaint, defendants (i.e. people and companies being sued) must file an “answer”. This document allows them to admit or deny each of the allegations in your Complaint while also setting out any defenses as to why they shouldn’t be held liable for your injuries.
It is crucial that the defendant respond to all allegations raised in your complaint; otherwise, you could obtain a default judgment against them for all of your losses. Furthermore, some states have laws which limit how long you can wait before filing personal injury cases in court, and missing these deadlines could mean forfeiting your right to recovery.
If the defendant fails to address all of the circumstances leading up to your injuries in their response or does not admit or deny all allegations made against them, a supplemental document called a Motion to Dismiss or Demurrer must be filed to notify the court that your Complaint doesn’t meet legal criteria and needs to be heard at this particular court, or that there are other compelling reasons why your case shouldn’t go forward in that particular courtroom.
Once a defendant files their Response and any Motions, both parties must exchange all documents within their case files. Typically this will involve each party hiring an attorney; if representing yourself make sure to have at least two copies of your answer for yourself and one to send to the plaintiff’s attorney listed on their summons/complaint – as well as keeping an additional copy for yourself!
At trial, your attorney will present the facts of your case before a judge or jury using evidence gathered from police reports, witness testimony, photographs, surveillance/security video footage, medical records and other documentation that was gathered during your investigation. They will then decide if and how much compensation should be awarded from defendant. However, many personal injury claims don’t even go this far and instead are settled out-of-court.
As soon as someone else’s negligence causes an accident, emotions often run high and victims want “make the other person pay.” Before taking legal action against those responsible, however, victims should first consider whether or not they have a valid personal injury claim. An experienced New York personal injury attorney should be contacted in order to assess your case if necessary.
Once hired, your attorney will conduct extensive research into how and why you were injured as well as to ascertain any associated losses and damages. They will contact the insurers of those liable and keep you apprised of any significant developments during the proceedings.
In some instances, parties can negotiate a settlement. If no agreement can be reached between them, litigation will proceed and a summons and complaint will be filed with the court, detailing your allegations against the defendant as well as what damages you’re seeking from them. Once filed with the court, you must serve this document to both sides; depending on where you live this may include hiring professional process servers or having someone like a sheriff or constable serve it to them directly.
The attorney representing the defendant may respond to your complaint by denying liability and overstating losses and damages. Both sides will then enter into the discovery phase – an involved process in which information and evidence is exchanged between both sides – with your lawyer filing various types of motions to request information from them.
Once the discovery period is over, your attorney will send a demand letter to both the at-fault party and their insurance company detailing your injuries, their severity, costs and impact on your life. They’ll review this letter with their lawyer and try to negotiate an acceptable settlement amount with them.
When defendants do not accept reasonable settlement offers, your attorney will prepare for trial by providing evidence supporting your damages and harm claims to the jury. After jury selection has taken place, trial proceedings begin with opening statements, testimony and cross-examination as well as closing arguments, deliberation and verdict being rendered by both sides.