What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages property damage and other expenses. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal action which is filed to force another individual or entity to compensate you compensation for damages caused by an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as the result of the negligence or wrongdoing by others the wrongful death case can be included in personal injury lawsuits.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages are uncommon and are designed to punish the offender for extreme behavior.
The first category of damages is typically referred to as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic damages are often described as "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering caused by accidents. Your lawyer will assist you to value these damages based on the severity of your injury. This may be based on your ability to do things you were previously able to do or your loss of consortium with family.
Statute of Limitations
A legal requirement known as the statute of limitations obliges anyone injured in an accident should file a lawsuit before a certain date or their claim will be dismissed. This is done to stop evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely.
The exact duration of the time limit differs from one state another, but most personal injury claims have a time limit of two to four years. There are certain exceptions to the to file an injury claim. If you require assistance to determine if your claim is one of these exceptions, it is recommended that you seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. However, it is important to allow yourself plenty of time to file a lawsuit in the event that negotiations fail to go as planned or there is a problem that cannot be addressed by the insurance system.
Certain circumstances can stop the clock of the statute of limitations, but these instances are rare and generally need to be analyzed on an individual basis. For example the statute of limitations may not begin to run until a victim has discovered or reasonably should have discovered that their injuries were caused by someone else's negligent actions. In some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. It alleges that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages.
The complaint is the initial document that you file in a personal injury case. It contains detailed allegations about the incident that led to your injuries and the damages you want. It also contains a "prayer for relief" which outlines what you would like 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 specified time frame, and will either admit or deny the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also assist us in negotiate with defense 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 be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
It's a long process, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In the case of a trial before the jury the lawyer will argue that the defendant is at responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will stop the defendant from paying for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is usually the first time that your case will have deadlines set by the Court itself. accident injury lawyers is also the time when your attorney will be discussing the issue with the defense.
Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. If a party is not able to attend in person, the convenor can permit them to attend via telephone or online. If your case is to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe is able to be extended by the court). After the Answer has been filed, the case moves into the discovery phase. In this phase, both parties exchange information through written demands for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details legal claims 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 they can effectively prepare for trial.
The court must look over a Bill of Particulars before it can be complied with. In general, the court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out any references to willful or intentional actions in a medical malpractice case.
In the same way, the court will not allow introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the delay of this amendment.
Physical Examination
You might be wondering the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the details of your accident, should be asked to conduct a medical exam. However, this kind of exam is actually a requirement under Washington law and can be helpful in your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. These doctors, who are sometimes called "independent" are able to have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide a copy of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could use this information at trial.