Learning About Personal Injury Cases
These may include a car accident, medical malpractice or the typical slip and fall case
. Although the specific details of these cases may vary, the overall procedures for personal injury lawsuits are typically similar.A person who brings a personal injury case is alleging that they were emotionally or physically harmed due to the negligence or intentional conduct of the other party. A personal injury lawsuit is started by the filing of a complaint or petition with the court.
This is a document that explains how the plaintiff, or filing party, claims to have been injured, who they believe is at fault and how they wish to be compensated. The most common types of personal injury cases are those based on claims of negligence and typically involve car accidents, slip-and-falls and medical malpractice.
Under the law of negligence, a plaintiff must prove that the defendant owed him or her a duty to act reasonably and safely, that the defendant breached that duty, and that the plaintiff suffered harm as a result of the defendant's negligence. Negligence under the law means acting in a way that fails to conform to a specific standard of conduct, thereby putting others at risk for injury.
Some examples include speeding on an icy roadway, failing to caution customers that your store floor is wet or firing a gun recklessly. There are also "intentional" torts, including trespass, defamation of character, battery and assault and theft of trade secrets or copyrights.
A fee is paid to the court with the filing of the complaint. The complaint has to be served upon the party being sued.
For this to happen, a process server or constable provides a copy of the document in person to the individual and attests to the time and date of the service. Proof of service is then filed with the court.
The answer is filed by the responding party usually within 20 to 30 days of service. This is the other party's opportunity to tell their side of the story and why they should not be held accountable for the plaintiff's injuries.
They may also choose to file a counter-claim against the plaintiff if they believe they have incurred damages as well. Discovery is the process of the parties exchanging relevant documents and information.
This may include information about past accidents or injuries, criminal history and other information that may be deemed pertinent. There are many motions either party may file prior to the case actually going to trial.
This is done to ask the court to make certain determinations about the case or to have the parties proceed in a particular manner. The trial is when the case actually goes before a judge and jury to determine which party will prevail.
Each party has the opportunity to present their case and challenge the other side's contentions. Once the cases are presented, the judge or jury, if applicable, will resolve the dispute how they see fit.
If your case is tried in court and you win, a judge or jury could award you damages to compensate you for lost wages, medical expenses, pain and suffering and, in some cases, additional damages as a way of punishing the defendant for their flagrantly negligent conduct. Most states now have caps on the amount of damages plaintiffs can receive.
Lawyers typically do not charge clients up front for legal fees associated with bringing a personal injury case. They get paid a portion of whatever the client wins, plus legal expenses.
Many so-called "frivolous" cases are thrown out by a judge before the case gets too far along. And, due to the high costs of litigation, most cases are settled out of court and do not result in a court trial.
Under the law in most states, plaintiffs have two years from the time of the injury to file a personal injury case. A trial may take anywhere from a day to weeks, depending on the complexity of the case.
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