What is a Personal Injury Lawsuit?
You may be eligible for compensation if you were injured as a result of 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 matter in which the plaintiff seeks compensation for their losses, which include medical bills, lost wages property damage and other expenses. The process can last from several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to force another person or entity to pay you for damages resulting from an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases may 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 that are punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages, which are not common and are designed to punish the wrongdoer if they have committed extreme actions.
This category covers all expenses incurred as a result of the injury or accident. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic damage can also be called "pain and suffer" damages. accident injury law firm are more difficult to quantify, and include the emotional stress and mental anguish caused by accidents. Your lawyer will assist you to determine the value of these damages based on the severity of your injury. This could be based on the capacity to perform the activities you used to or your loss in consortium with family.
Statute of Limitations
A legal rule known as the statute of limitation requires that anyone who is injured in an accident should file an action before a specific date or their claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to stop people from carrying out incident-related litigation indefinitely.
The exact length of time for filing a claim varies from state to state however personal injury claims generally have a two- to four-year time limit. There are certain exceptions to the time to file claims. If you need assistance determining if your case is one of these exceptions, it is best to seek legal advice.
One of the most important aspects of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance.
Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be assessed on a case-by case 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 a civil case initiated by a victim against the person or entity who caused the injury. It asserts that the defendant breached their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages.
The complaint is the first document that you file in a personal injury lawsuit. It provides detailed details regarding the incident that led to your injuries as well as the damages you are seeking. The complaint also contains the "prayer of relief" which 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 time frames and either accept or deny all the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we have can also assist us to negotiate with the defense attorneys or insurance companies to get the best possible settlement offer.
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 suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation.
It's not an easy process, but it's at the trial that you'll find out if you be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a court. This is also the time when your lawyer will discuss the issue with the defense.
A judicial registrar, or an individual from the court staff, usually conducts preliminary conferences. All parties must attend the initial 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 person is unable to attend in person, the convenor can allow them to participate by telephone or online. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories: complicated or expedited standard.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to respond (although this time frame can be extended with the court's consent). Once the Answer is filed, the case moves into what is called the discovery phase. In this phase both parties exchange information through written discovery demands and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document details legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. In general, a court will only be able to 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 add new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical malpractice claim.
In the same way, the court will not allow addition of a new theory of recovery at an unreasonable late stage in the case. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides 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, your medical history, and the details of your injury is required to conduct an examination. But, this type of examination is actually a requirement under Washington law, and it could be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurance company of the defendant. They are there to offer a different view of your injuries. These physicians, who are often referred to as "independent" and 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 are aware of what to expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could make use of this information in a trial.