What is a Personal Injury Lawsuit?
You may be entitled to compensation if have been injured due to the actions or inactions of another person. 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 matter where the plaintiff is seeking money to cover their losses, including medical expenses, lost wages, damages to property and other expenses. The process can last between a few months and several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another person or entity to pay you for damages resulting from an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases can include wrongful death claims when someone dies because of the inattention or negligence of others.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.
The first type of damages is typically called "economic damages." This includes any out-of-pocket costs resulting from the accident and injuries. These could include doctor's bills as well as hospital expenses and physical therapy expenses. In certain cases additional expenses, such as the cost of travelling to and from appointments, or changes to your home due to permanent disabilities may also be included in an insurance claim.
Non-economic damages are also referred to by the term "pain and suffer" damages. These damages are more difficult to quantify, and they comprise the emotional distress and mental anguish caused by accidents. Your lawyer will assist you to evaluate these damages based upon the extent of your injury. This might be based on the ability to participate in activities that you used to do or the loss of your relationship with family members.
Statute of Limitations
A legal rule known as the statute of limitations requires that anyone who is injured in an accident must file an action within a specified date or else the claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time.
The exact time frame differs from state to state however personal injury claims generally have a two-to four-year limitation. However there are exceptions that could extend the time that a victim must make a claim, and they should seek legal advice for help determining whether or not your case falls under one of these exceptions.
A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. YouTube are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself plenty of 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 may stop the clock on the statute of limitations, but these instances are very rare and have to be analyzed on an individual basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care and this breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The first document filed with a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that caused your injuries. It also outlines the damages you seek. The complaint also contains a "prayer for relief" that describes what you would like the court to do. The summons and complaint should be handed over to the defendant.
The defendant must respond to the complaint within a set of time limits and either admit or deny all allegations made in the complaint. The defendant can 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 documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
This could be a long process, but the trial is when you'll be able to decide if you'll receive the compensation you deserve. In the trial before the jury, your lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from settling your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also the time when your lawyer will discuss the case with the defense.
A judicial registrar, also known as a member of the court's staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled in accordance with 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 permit them to participate via telephone or online. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories: expedited standard or complex.
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 file an Answer (although this deadline may be extended if the court gives permission). After the Answer has been filed, the case is moved into what is called the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. The document details the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out any references to willful or intentional actions in a medical malpractice case.
The court will not permit the addition of a new theory of recovery at a disproportionately late stage in the case. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment.
Physical Examination
It is possible to ask the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the details of your accident, should be asked to conduct a medical exam. This type of exam is required by Washington law, could be beneficial to your case.
IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different view of your injuries. Although they are often called "independent," these physicians as well as insurance companies have their own agendas and financial stake in reducing the amount of compensation that can be given to a victim of injury.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give 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 in line with your medical records. It is essential to avoid playing with the extent of your injuries with these doctors, as they are trained to spot dishonesty and may use this information against you in trial.