How to File an Injury Lawsuit
A personal injury case starts with an initial complaint. The document identifies the parties, outlines the wrongdoing that was committed, and states that it led to the plaintiff's injuries.
Jurors and adjusters look at both economic damages (past or future medical bills, out of pocket expenses) and noneconomic damages (pain & suffering). They also consider punitive damages when justified.
Damages
Many victims are left with huge bills, lost wages and other expenses related to their injuries. These losses can also affect the quality of their lives. A successful injury lawsuit could provide a plaintiff with compensation for these damages and more. This kind of compensation is called compensatory damages. It is designed to put a victim back in the same position they would be in had their injury not occurred, physically, financially and emotionally. There are two kinds of compensatory damages - monetary and non-monetary. The former can include any expenses resulting from the injury, including past and future medical expenses, repairs or replacement of damaged property, lost earning capacity and other measurable financial losses. The latter are more difficult to quantify and are less tangible, such as emotional distress, suffering and pain.
In some states, a plaintiff who is injured could be entitled to punitive damages if the wrongdoer engaged in a particularly bad, outrageous or a malicious action. These damages are awarded to punish the defendant, and deter others from engaging in similar conduct.
The majority of personal injury cases are settled before reaching court. Some cases may settle without a formal hearing, but the majority go through an insurance claim and settlement procedure. This involves filing a claim with the insurer of the party at fault as well as engaging in a back and forth negotiation before finally settling the settlement.
It is essential for those who have been injured to understand their duty to limit the damages caused by their injuries that is why they must take measures to lessen the consequences of their injuries as well as the damage they cause. This could involve seeking appropriate medical treatment and minimizing their losses using other methods like working part-time to earn a living.
During the discovery phase of a lawsuit, we'll seek pertinent details from the defendant and the other parties involved in the case. This can include documents requests, interrogatories and depositions from witnesses and experts. The results of these investigations will help us determine the total amount of damages you're entitled to and will be incorporated into your settlement request.
Preparation
When another person or entity's negligence results in injury, it is imperative that you seek compensation for your loss. The legal process can be complex. For Fontana injury attorneys who suffer from injuries, it is often difficult to decide whether they should pursue a lawsuit or simply go through the insurance claims process.
When you hire an attorney to represent you the lawyer will look into the cause and collect evidence supporting your claim for damages. The lawyer will also collaborate with expert witnesses like accident reconstructionists medical professionals, accident reconstructionists and others to support your case.
Your lawyer will also have to document your injuries. You may be required to provide copies of your medical bills, receipts for repair of property damage and timekeeping records that demonstrate how long you were away at work due to your injuries. Your lawyer will determine an approximate amount of amount of damages you must include in your claim for compensation.
The investigation into your case is a long process that involves gathering lots of information. To prepare for this part of your case, you should be willing to share information about yourself and your life that you may not have shared before. Your lawyer will require information about where you reside, what type of car you own and other personal identifiers that could be used against your case.
It is also important to follow the treatment plan of your doctor. Failure to follow the plan could give the defendant a chance to argue that you have not taken steps to minimize the damage, which would reduce the amount of your compensation.
Once your lawyer submits a complaint and other party replies then the case goes to the discovery stage which is the largest portion of the time on the timeline for your injury lawsuit. In this phase, both sides exchange information. This may include depositions of people who have knowledge about the accident or injured parties, subpoenas to obtain documents, and more.
It is important to be polite and respectful of the other side, even if you feel angry or frustrated. It is crucial to be polite and respectful when before a juror as they will decide the amount of money you will receive.
Negotiation
After a successful injury claim you must negotiate with the at-fault party's insurance company to settle the damages. It can be a long and arduous process that can take months to complete, but is often essential to receive the amount of compensation you're entitled to. A knowledgeable personal injury lawyer can help you navigate the settlement negotiation process and defend your rights.
Your lawyer will conduct an extensive investigation to determine what exactly transpired and who was accountable for your injuries. They will review medical records, police reports, and other admissible evidence to build a strong case. They will consult with experts to obtain accurate estimates of your losses. This includes future medical costs, lost earning capacity, and diminished life quality for long-lasting injuries.
Once the evidence is in, your lawyer will calculate the amount you're owed for your economic and non-economic losses. This includes the total amount of your current and future medical bills, lost income, and repairs to your home. Also, it will include any tangible losses, such as suffering and pain, as well as emotional distress.
After determining how much you're entitled to, your attorney will send a demand note to the defendant or their insurance company. The letter will detail the damage you've suffered and request an amount of money. Insurance companies usually start with a low-cost offer and you should reject it. Your lawyer will then go back and back and forth until both parties come to an acceptable agreement.
During the negotiation process for settlement it is essential to remain focused and calm. The insurance company will be looking for ways they can reduce costs and your lawyer must be prepared to counter their arguments. It's a good idea obtain witnesses to testify about the effects of your injuries on your life. You can request close family members or friends to testify about your inability to play games with your grandchildren or take a romantic walk with your partner, or lift weights.
The insurance company might claim that you are partly to blame for the accident, and may reduce the amount you receive. This is a common tactic that can be difficult to defeat however, your lawyer is expected to be able against it with the evidence available.
Trial
The case enters the phase of fact-finding known as discovery after the defendant has responded to the lawsuit. This stage can account for the majority of the time in a personal injury lawsuit. Your lawyer will collaborate with experts, such as accident reconstructionists to collect evidence that proves the causality, fault and liability. They will also collaborate with your medical professionals to document your injuries and assess your damages.
During this stage of the trial, your attorney will also take depositions. Depositions are an interview which you and your lawyer are both interrogated under oath by the other lawyer. A court reporter is also present to record the conversation. Your attorney will prepare a brief summary of your case which includes your injuries, losses and costs so the judge or jury will be able to comprehend your case.
In some cases parties may attempt to settle their dispute through mediation. This can help clients save time and money. However should the parties not agree on a solution through mediation or in the event that the plaintiff does not wish to take part in mediation, the case will be set for trial.
A trial is the time when the jury or judge will decide whether the defendant is responsible for your accidents and injuries and, if it is this is the case, how much the defendant must pay to compensate you for your losses. It is a lengthy process that could last for a few days.
Depending on the nature of your case, it's likely that your lawyer may be required to provide surveillance footage from the defendant's residence or business. This footage can be used to prove the claims you make that your injuries are serious and that your life has been significantly affected. The insurance company of the defendant may even have a private investigator follow you, recording every move for the purpose of undermining your claim. They might, for example, show you walking from your wheelchair to the car.
After the verdict is declared, you will have to wait for the Court to distribute your award. Your lawyer will have to pay out a special money escrow fund to all companies who have a legal claim to a portion of the award. Once that is done then your lawyer will issue you a check.