How to File a Personal Injury Case
In a personal injury case you must show that the defendant had a obligation to you and that they breached this duty and caused injuries. Evidence is typically required in the form of medical records and lost income documents, invoices, tax returns and other documents.
You also need to demonstrate non-economic damages, like discomfort, pain, and loss of enjoyment in life.
Complaint
The complaint is the formal legal document that outlines your allegations against the responsible party (defendant) in your personal injury case. It outlines the details of your accident and your injuries, as well as the demand for damages.
Defendants are required to file an answer to the complaint within a certain amount of time. They typically deny the claims and assert one or more defenses. If they don't respond with a response, you could get a default judgment in your favor.
Your lawyer will collaborate with medical experts and other professionals to gather evidence that establishes the causation, fault, and liability. This is known as the fact-finding portion of the personal injury lawsuit and it is the reason for most of the case timeline.
The law that governs personal injury cases includes statutes of limitation and state negligence laws. However, the majority laws that apply to your situation actually stems from earlier court decisions which were either made by the same court where yours is being considered or which were decided by higher appellate courts. Your lawyer will refer to these cases in order to back up the arguments you present. For instance, if seek compensation for lost wages and other expenses, your lawyer will refer to precedent that establishes that you have a duty to make reasonable efforts to limit your losses. If you are injured, you'll need to limit your work hours or find another job to compensate for your injuries.
Discovery
In the stage prior to trial, both sides must provide all the information they will use during trial. This is done through a process known as discovery. The discovery process consists of documents produced, interrogatories written and depositions.
The interrogatories comprise an array of questions to which each party in the case must answer under the oath. They ask for details about witnesses or insurance policies, additional lawsuits or claims experts, medical professionals, and many more. Interrogatories generally have a time frame within which the parties need to respond to the questions. Attorneys can assist in drafting their clients' responses to the interrogatories.
Requests for Production are requests that each party produce documents or other objects like computer discs, for example, that are relevant to the claim. These documents may include photographs of the scene of the accident, emails or letters, repair estimates medical bills and records and income tax returns that relate to the loss of wages, and more.
During the process of discovery, your attorney will also search for and recruit experts witnesses. These are people who are recognized experts in their field and who can provide testimony to bolster your claim or defense in court. After the discovery period is completed, your lawyer will establish an appointment for trial or engage in settlement discussions.
Trial
A small portion of personal injury cases proceed to trial. A judge or jury will review the evidence to determine whether the defendant was responsible for the losses and injuries you've endured, and how much compensation should be awarded.
Personal injury law, unlike other areas of law is largely developed through court decisions and legal texts. Therefore, the process of proving your case's legal aspects is not easy and requires meticulous preparation by your New York City injury attorney.
The legal aspects of personal injury cases include duty of care, breach, causation and damages. For example in a car crash case, it is crucial to establish the legal duty of care that the defendant potentially was owed to you such as the need to drive safely and to show what the defendant did to breach that obligation by failing to do so.
It is also necessary to prove that your injuries led you to be a victim of damages. This can include reimbursement for the medical treatment you've received as well as reimbursement for the estimated future costs of treatment. In addition, you may be entitled to compensation for loss of income resulting from your inability to work, and for the fair market value of any property lost as a result of your accident. Additionally, if your injuries have made it impossible for you to engage in activities that are important to you, you could be awarded "loss of enjoyment" damages.
Settlement
If you're facing an injury claim, the goal is to negotiate an agreement with the insurance company that is insured by the person or business who caused your injuries. This can help you save time and money. You can also have your medical expenses paid and replace lost income. Most lawyers suggest that you settle your case before going to trial since it may be more difficult and expensive.
Your lawyer will go over your case and talk to you to learn everything you know about the accident and injury. personal injury lawyer attorney accidentinjurylawyers.claims will then ask you for all your medical records and any other pertinent information. They will then send a letter to the insurance provider requesting reimbursement. The insurance company will then examine your claim and offer an offer to counter. The process may go back and forth for a time as they attempt to reach an agreement.
It is vital that your attorney knows how to calculate the proper value of your claims for injury. This is not just the current and future medical expenses as well as property damages including past and current earnings along with pain and suffering and emotional anxiety. It is also important to consider other losses that are not monetary, such as loss of enjoyment of life, which adjusters and juries can appreciate.
If there is a settlement the funds are usually put into a specific account. The lawyer will distribute the funds after paying any companies who claim the money, also known as liens.