What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you could be eligible for compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are accountable. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
A victim's damages are typically divided into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages, which are rare and are designed to punish the offender for committing extreme crimes.
The first type of damages is typically referred to as "economic damages." This covers all out-of-pocket expenses associated with the accident and injuries. These may include hospital expenses, doctor's fees and physical therapy costs. In some instances other expenses such as the cost of travelling to and from appointments, or changes to your home for permanent disabilities may also be included in the claim.
Non-economic damages are also referred to by the term "pain and suffer" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that accidents can cause. Based on the severity of your injuries your lawyer will assist you to determine the value of these damages. This could be based on the capacity to perform the things you did before or your loss of a relationship with family.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a specific time period or else their claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely.
The exact time limit is different from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the time limit for filing a claim. If you need help to determine if your claim falls under one of these exceptions, it is recommended that you seek legal advice.
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. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. However, it is important to leave yourself enough time to take legal action in the event that negotiations fail to follow the plan or an issue arises that cannot be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but these instances are very rare and have to be considered on a case-by-case basis. The statute of limitations might not start until the person discovers or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It asserts that the defendant breached their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.
The first document filed in a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that caused your injuries. It also lists the damages you are seeking. The complaint also contains an "prayer for relief" that outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within specific deadlines and either admit or deny all the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence we collect will also help us to negotiate with defense attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you suffered injuries in your accident and that these injuries are worthy of financial compensation.
It can be a lengthy process, but it is at the trial that you'll be able to determine if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is typically the first time that your case will have deadlines that are set by the Court itself. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or an official of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person, they may participate via telephone or on the internet with the permission of the convenor. If your case is to be part of the Differentiated Case Management program, the preliminary conference will 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 a complaint and summons are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to respond (although this time frame can be extended with the court's permission). Once the Answer is filed, the case is moved to what is called the discovery phase. In this phase the parties exchange information through written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document provides the legal claims that are being made and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
The court must look over a 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 overbroad. her comment is here of Particulars must only include the specific acts of negligence that are being alleged, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike references to intentional or willful acts in a medical negligence case.
The court will also not allow a new doctrine to be introduced at any point in the case that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the delay in the amendment.
Physical Exam
If a defense attorney, or an 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 and your medical history and the particulars of your incident is asked to conduct an exam. But, this type of examination is actually a requirement under Washington law, and it can be helpful to your case.
IMEs are usually conducted by doctors hired by the insurer of the defendant. They are there to offer a different view of your injuries. These doctors, who are often referred to as "independent" are able to have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the questions of the doctor do not diverge from those in your medical records. It is essential to not play around with the extent of your injuries with the doctors, since they are trained to spot dishonesty and may use this information against you in trial.