What is a Personal Injury Lawsuit?
You may be eligible for compensation if you have been injured due to the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigant 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 take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal action that is used to compel another person, or entity, to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff, while the parties accountable are known as defendants. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases may be part of personal injury claims.
A victim's damages are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and designed to punish the wrongdoer for extreme conduct.
The first category of damages is typically called "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. In some instances additional expenses, such as the cost of travel to and from appointments or modifications to your home due to permanent disabilities may also be included in an insurance claim.
Non-economic damage can also be described as "pain and suffer" damages. These are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. This could be based on the ability to carry out the things you did before or your loss in consortium with family.
Statute of Limitations
A legal rule known as the statute of limitation obliges anyone injured in an accident must file an action within a specified date or else the claim will be dismissed. This is done to stop evidence from being lost or lost and to stop people from dragging incident-related litigation out for an indefinite period.
The exact time limit is different from one state to another, but the majority of personal injury lawsuits have a limit of two to four years. There are some exceptions to the time to file a claim. If you need assistance in determining whether your case falls under one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations only applies to lawsuits filed in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations don't go as planned, or if there is a problem which cannot be resolved through insurance.
Certain circumstances may stop the clock of the statute of limitations however these cases are rare and generally need to be evaluated on a case-by-case basis. For instance the statute of limitations may not begin to run until the victim discovers or ought to have realized that their injury was caused by another person's negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated 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 first document filed with a personal injury lawsuit is known as the complaint. It contains specific details about the incident that caused your injuries and outlines the damages you're seeking. The complaint also contains the "prayer of relief" which describes what you would like the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within specific time limits and either admit or deny all the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming a 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 will also assist us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you were injured in your accident and that these injuries are worthy of financial compensation.
It can be a lengthy process, but the trial is when you will be able to determine if you'll get the damages you're entitled to. In a trial before jurors your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent them from paying you for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is usually the first time that your case will have deadlines set by the Court itself. It is also the time where your attorney will discuss the case with the defense.
A judicial registrar, or an individual of the court staff typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If YouTube cannot attend in person, they may take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories: advanced standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives approval). When the Answer is filed, the case enters what is known as the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. The document is a legal declaration of 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 made, to help them prepare for trial.
The court must examine the Bill of Particulars before it is able to be followed. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. 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 example was a case in which the court found that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all any references to willful or intentional actions in a medical malpractice case.
The court will also not allow a new doctrine to be introduced at an stage in the litigation that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering a reasonable excuse for the lateness of the amendment.
Physical Exam
You may question why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, should be asked to conduct a medical exam. This type of examination, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to provide a different view of your injuries. Although they are sometimes referred to as "independent," these physicians as well as insurance companies have their own agendas and financial stake in reducing the amount of compensation that could be awarded to an injured victim.
If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide the complete set of medical records for the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.