What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can take several months to a few 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 responsible parties are called defendants. Personal injury cases can include the wrongful death of a person who dies because of the inattention or negligence of others.
Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for pain and suffering. Punitive damages are rare and are intended to penalize the perpetrator for their extreme behavior.
The first type of damages is often called "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. These might include doctor's bills, hospital costs and physical therapy expenses. In certain cases other expenses such as the cost of traveling to and from appointments, or modifications made to your home to accommodate permanent disabilities can also be included in the claim.
Non-economic damages can also be described as "pain and suffer" damages. These damages are difficult to quantify, and include the emotional distress and mental stress caused by accidents. Your lawyer will assist you to value these damages based on the severity of your injuries. This may be based on your capacity to perform the things you were previously able to do or your loss in consortium with family.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a specific time period or their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents for an indefinite period.
The exact duration of time differs from state to state but personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time period for filing a claim. If you need help to determine if your claim falls under one of these exceptions, then it is recommended to seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. But, it's crucial to give yourself enough time to pursue legal action in the event that insurance negotiations fail to follow the plan or an issue arises that cannot be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case by case basis. YouTube of limitation may not start until the person discovers or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant breached their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is accountable for the damages.
The complaint is the primary document that is filed in a personal injury lawsuit. It provides detailed details regarding the incident that led to your injuries and the damages you are seeking. It also contains a "prayer for relief" that describes what you want the court to do. The complaint and summons must be delivered to the defendant.
After the complaint is filed, the defendant has to submit an answer to the complaint within a specified timeframe, and may either deny or admit the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also assist us in negotiate with the defendants' attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you were injured in your accident and that the injuries are worth an amount of money.
This could be a long process, but the trial is when you will be able to determine if you'll be awarded the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will provide evidence to show that their actions were not related to the accident. This will stop the defendant from paying for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a court. This is also the time when your attorney will discuss the issue with the defense.
Preliminary meetings are usually held by a judicial registrar or an individual from the court's staff. All participants must attend the preliminary conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor may permit them to attend via phone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories namely advanced standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case enters what is called the discovery phase. In this phase, both parties exchange information via written demands for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, courts will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical malpractice claim.
Similarly, the court will not allow introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment.
Physical Exam
If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you and your medical history and the details of your incident is requested to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to provide a different view of your injuries. These physicians, who are sometimes called "independent" and have their own agendas and financial stakes in reducing the amount of compensation that is given to victims of injuries.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is crucial to not play with the severity of your injuries to these doctors, as they are trained to spot dishonesty and may make use of this information against you in trial.