What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you may be eligible for compensation. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal process that is taken to compel another person, or entity, to pay you for damages resulting from an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can also include cases of wrongful death when someone dies because of the negligence or wrongdoing 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 and are intended to punish the offender if they have committed extreme crimes.
This category includes all expenses incurred as a result of the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments, or home modifications to accommodate a disability that is permanent.
Non-economic damage can also be described as "pain and suffer" damages. They are more difficult to quantify and include the emotional distress, mental anguish and suffering that accidents can cause. Depending on the severity of your injuries your lawyer will assist you to estimate the value of these damages. This may be based on your ability to do things you were previously able to do or your loss in consortium with your family.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a certain time frame or their claim will be rejected by the courts. This is to prevent 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 time limit differs from one state another, but the majority of personal injury lawsuits have a limit of between two and four years. However, there are exceptions that could extend the time a victim has to make a claim, and they should seek legal advice for assistance in to determine whether or not their case falls into one of these exceptions.
One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in a court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that cannot be resolved with insurance.
Certain circumstances can stop the clock of the statute of limitations however these cases are rare and generally need to be evaluated on an individual basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. It alleges that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.
The first document filed in a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also lists the damages you are seeking. It also includes a "prayer for relief" that outlines what you would like the court to do. Discover More Here and complaint should be handed over to the defendant.
After the complaint is filed, the defendant is required 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 can also bring a counterclaim against 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 gather all relevant information and then include it in the case. The evidence we collect will also assist us in negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.
This could be a long process however, the trial is where you will be able to determine if you'll receive the compensation you deserve. In the trial before a jury the lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is typically the first time that your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will be discussing the case with the defense.
A judicial registrar, also known as an official of the court's staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person they can take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories namely complicated or expedited standard.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this time frame is able to be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. During this stage the parties exchange information through written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. The document is a legal declaration of 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 made, so that they can effectively prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. Generally speaking, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate actions in a medical malpractice case.
The court will also not allow a new doctrine to be added at any point in the action that is unreasonably late. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment.
Physical Exam
When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the specifics of your incident is requested to conduct an exam. This type of examination is required under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to offer a different view of your injuries. While they are sometimes described as "independent," these physicians, just like insurance companies - have their own agenda and financial stake in decreasing the amount of compensation that may be awarded to an injured victim.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is essential to not play with the extent of your injuries with the doctors, since they are trained to spot the deceit and may utilize this information against you in trial.