How to File a Personal Injury Case
In a personal injury case you must show that the defendant was in obligation to you, but violated the duty and caused injuries. It is common for proof to require evidence like medical records as well as lost income documents (pay stubs, tax returns, invoices) and other documents.
You also have to prove non-economic damages, like discomfort, pain, and loss of enjoyment in life.
Complaint
The complaint is the legal document that sets out your allegations against the party at fault (defendant) in your personal injury case. It outlines the details of your incident and your injuries, along with a demand for damages.
Defendants are required to submit an answer within a specified timeframe. They usually deny the allegations and offer one or more defenses. If they fail to respond, you may be awarded a default judgement in your favor.
Your lawyer will collaborate with medical experts and other professionals to collect evidence that proves the causality, fault and liability. This is called the fact-finding phase of a personal injury lawsuit and it accounts for most of the case timeline.
Personal injury cases are controlled by state negligence laws and statutes of limitation. However, the majority law that applies to your situation actually stems from previous court decisions or cases that were decided in the same court where your case is being heard, or cases decided by higher appellate courts. Your lawyer may cite these cases to support arguments in your case. For example, if you are seeking compensation for lost wages Your lawyer will use precedent that says that you are obligated to take reasonable steps to minimize your losses. This means you must try to find an employment opportunity or reduce your work hours if injured in order to pay for the damages.
Discovery
During this phase prior to trial, each side is expected to provide all the information they will use at trial. This is done via a process known as discovery. The process of discovery usually includes written interrogatories, production of documents, and depositions.
The interrogatories consist of a series of questions that every party involved in the case must answer under oath. The questions ask for information about witnesses insurance plans, witnesses, lawsuits as well as experts, claims and medical providers. Parties are usually given a time limit to respond to interrogatories. Attorneys can assist in drafting their clients' answers to the interrogatories.
A request for production is an invitation to each party provides documents or other evidence like computer disks that are relevant to the claim. These documents may include photographs of the scene of an accident as well as letters or emails, repair estimates, medical bills and records, income tax returns relating to lost wages, and much more.
During the discovery phase the attorney will search for and hire experts witnesses. These are people who are recognized as experts in their field, and can provide testimony to bolster your claim or defend yourself in court. After the discovery period, your lawyer will either establish a date for trial or begin negotiations for settlement.
Trial
A small portion of personal injuries cases go to trial. A jury or judge will scrutinize the evidence to determine whether the defendant is accountable for the injuries and losses you've suffered, and if so, what amount of damages should be awarded.
Personal injury law, in contrast to other areas of law is largely developed through court decisions and legal texts. Your New York City injury lawyer will need to prepare thoroughly for your case to establish its legal elements.
Duty, breach, cause and damages are all legal elements in personal injury lawsuits. In the event of a car crash, for example it is important to determine what legal duty the defendant has owed you, for example, driving safely and also how they violated this obligation.
You must be able to prove that you suffered injuries as a result of your injuries. You could be awarded compensation for medical treatment you've received in addition to future estimated expenses of treatment. In best lawyers for personal injury , you could be entitled to compensation for the loss of income due to your inability to work, and for the fair market value of any property lost as a result of the accident. If your injuries have stopped you from engaging in daily pursuits which you value and enjoy, you may be entitled to "loss-of-enjoyment" damages.
Settlement
If you have an injury-related lawsuit, your goal is to negotiate an agreement with the insurance company that is insured by the business or person who caused your injuries. This can save both time and money. You can also have your medical expenses paid and replace income lost. It is often more difficult and costly to take a case to trial, which is why many lawyers advocate negotiating a settlement.
Your lawyer will review your case and talk to you to get all the details you know about the accident and injury. The lawyer will then request you for all of your medical records and any other pertinent information. They will then mail a letter requesting compensation to the insurance company. The insurance company will then review your claim and issue an offer counter-instantially. The process could be back and forth for a while while they attempt to come to an agreement.
Your attorney should know how to determine the value of any injury claim. This includes not only future and current medical costs as well as property damages including past and current earnings as well as pain and suffering and emotional anxiety. It is also important to think about other losses that are not monetary, such as loss of enjoyment of life which juries and adjusters appreciate.
If a settlement is reached then it is usually placed in a separate account for escrow. Your lawyer will distribute the funds after paying any companies who claim some of it, called liens.