What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be entitled to compensation. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay you money for damages related to an accident. The plaintiff is the one who was injured and the defendants are responsible. Personal injury cases can also include the wrongful death of a person who dies due to the inattention or negligence of others.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are very rare, are meant to punish the perpetrator if they have committed extreme crimes.
The first type of damages is usually called "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases additional expenses, such as the cost of travel to and from appointments or modifications made to your home to accommodate permanent disabilities could also be included in the claim.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These damages are harder to quantify, and they comprise the emotional distress and mental anguish that an accident can cause. Depending on the extent of your injuries, your lawyer will assist you to estimate the value of the damages. This could be based on the ability to carry out the activities you used to or your loss in consortium with family.
Statute of Limitations
Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a specified time or the claim will be rejected by the courts. This is to safeguard evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation related to an incident for a long time.
The exact length of time for filing a claim differs from state to state however, personal injury claims typically have a two- to four-year time limit. However, there are exceptions that could extend the time required for a victim to submit their claim. They should seek legal advice for assistance in determining whether or not your case falls under one of these exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of an action in a court. accident injury lawyers near me are often used to resolve injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises which cannot be resolved through insurance.
Certain circumstances can stop the statute of limitations clock however, these situations are very rare and have to be analyzed on a case-by-case basis. The statute of limitations might not start until the person discovers or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant violated their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you are seeking. It also contains the "prayer for relief" that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant has to file an answer to the complaint within a specific timeframe, and may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have can also assist us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation.
This could be a long process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In the trial before the jury the lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar, or a member of the court's staff. Unless the case is being handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a person is unable to attend in person, the convenor can permit them to attend via phone or via the internet. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls under one of three categories - expedited standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe is able to be extended by the court). When the Answer is filed, the case is moved to what is known as the discovery phase. In this phase the parties exchange information through written discovery demands and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines the legal claims that are being made and the relief sought - usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can prepare effectively for trial.
The court must review the Bill of Particulars before it is allowed to be enforced. In general, the court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate acts in a medical malpractice case.
Similarly, the court will not permit the introduction of a new theory of recovery at an unreasonable late point in the action. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment.
Physical Examination
When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you and your medical history and the specifics of your injury is asked to conduct an exam. But, this type of exam is actually an obligation under Washington law, and it can be helpful in your case.
IMEs are typically conducted by doctors hired by the defendant’s insurance company. Their goal is to offer a different view of your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial stake in reducing the amount of compensation that may be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can use this information at trial.