What is a Personal Injury Lawsuit?
You could 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 learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover 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 a process to force another person or entity to pay money for damages related to an accident. The plaintiff is the victim, and the defendants are accountable. Personal injury cases can also include cases of wrongful death when someone dies due to inattention or negligence of others.
Damages are typically classified into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are uncommon and designed to punish the perpetrator for their extreme behavior.
The first category of damages is typically called "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. In some cases, additional expenses like the cost of travel to and from appointments, or modifications made to your home due to permanent disabilities may be included in an insurance claim.
Non-economic damages can also be called "pain and suffer" damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to place a value on these damages. It could be based on the ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members.
Statute of Limitations
A legal rule known as the statute of limitation stipulates that anyone injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is done to stop evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period.
The exact time limit differs from one state another, but most personal injury claims have a time frame of between two and four years. However there are exceptions that can extend the amount of time that a victim must file their claim and they should seek legal advice for help to determine if their case falls into one of these exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is still essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that is not resolved by insurance.
Certain circumstances can stop the clock on the statute of limitations, but these instances are extremely rare and need to be analyzed on a case-by-case basis. The statute of limitations might not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In some states, such as 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 claims that the defendant violated their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that led to your injuries. It also outlines the damages you seek. The complaint also contains the "prayer of relief" which describes what you want the court to do. The complaint must be served on the defendant along with a summons that 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 specific time period, and they must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence we gather will also assist us in negotiate with the defendants' attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal-injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that the injuries are worthy of the amount of financial compensation.
It can be a lengthy process, but the trial is where you will be able to determine if you'll receive the compensation you deserve. In a jury trial your lawyer will argue that the defendant is liable and is required to compensate you for your losses. The defendant will present 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 discussion before you can proceed with the trial. This is the first time your case has deadlines set by a judge. It is also the time that your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or an individual from the court's staff. All parties must attend the initial 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 cannot attend in person, they may participate via telephone or on the internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories: advanced standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to file an Answer (although this deadline can be extended with the court's consent). Once the Answer has been filed, the case is moved into the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
The court must look over a Bill of Particulars before it can be complied with. In general, a court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will not allow a new theory to be added at a stage in the litigation that is unreasonable late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the delay of this amendment.
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If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction may be to question why a doctor who does not know you or your medical history and the specifics of your incident is requested to conduct an exam. However, this kind of exam is actually an obligation under Washington law and could be beneficial to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. They are there to offer a different perspective on your injuries. These physicians, who are sometimes called "independent" are able to have their own goals and financial interests in reducing the compensation that can be given to victims of injuries.
If you decide to go through an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. It is essential to not play around with the severity of your injuries with these doctors, as they are trained to recognize the deceit and may make use of this information against you in trial.