What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you may be eligible for compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, including medical bills, lost wages property damage and other expenses. The process can last between a few months and several years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. Personal injury cases can also include wrongful death claims when someone dies due to negligence or wrongdoing of others.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct.
The first category of damages is typically known as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include doctor's bills as well as hospital expenses and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments, or home modifications to accommodate a permanent disability.
Non-economic losses are often described as "pain and suffering" damages. These damages are more difficult to quantify and include the emotional distress and mental stress that an accident can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This might be based on the ability to participate in activities that you previously enjoyed or your loss of connection with family members.
Statute of limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out incident-related litigation indefinitely.
The exact duration of time differs between states, but personal injury claims typically have a two-to four-year limit. There are some exceptions to the time period for filing a claim. If you require assistance determining if your case falls within one of these exceptions, then it is best to seek legal advice.
The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. However, it is important to allow yourself enough time to pursue legal action in the event that negotiations fail to go as planned or an issue arises that cannot be easily addressed through the insurance system.
Certain circumstances may stop the statute of limitations clock however, these situations are rare and generally need to be considered on a case-by-case basis. The statute of limitations may not begin until the victim is aware or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated their duty of care and the breach caused loss and harm to the plaintiff. accident injury law firms is held accountable for the losses.
The first document you file with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that led to your injuries and outlines the damages you are seeking. The complaint also includes an "prayer of relief" which outlines what you want the court to do. The complaint and summons must be delivered to the defendant.
After the complaint is filed, the defendant must respond to the complaint within a specific timeframe, and will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant 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.
It can be a lengthy procedure, but it's at the trial that you'll be able to determine if you get the compensation you deserve. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will provide evidence that their actions are not related to the accident, which prevents them from having to reimburse you for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is often the first time your case will have 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, or an official from the court staff, usually conducts preliminary conferences. Unless the case is handled under 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 may allow them to participate by telephone or online. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls into one of the three classifications - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this timeframe can be extended by the court). Once the Answer is filed, the case moves into the discovery phase. In this phase the parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document details legal claims 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 that are made to help them prepare for trial.
The court must look over a Bill of Particulars before it is allowed to be enforced. In general, a court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff was not negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical malpractice case.
The court will also not permit a new theory to be introduced at a point in the action that is unreasonably late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the delay in the amendment.
Physical Examination
It is possible to ask why a doctor, who doesn't know you or your medical history, and isn't familiar with the specifics of your accident, would be asked to conduct a medical exam. This type of exam 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 of the defendant and their aim is to provide a different view of your injuries. Although they are sometimes called "independent," these physicians - just like the insurance companies - have their own agenda and financial motives 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 the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is important to not play around with the severity of your injuries with the doctors, since they are trained to recognize fraud and could use this information against you at trial.