What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you could be entitled to compensation. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their losses. 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 process that is taken to compel another person, or entity to pay you for the damages that result from an accident. The plaintiff is the injured party, and the defendants are accountable. If someone dies as the result of negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury lawsuits.
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 are intended to penalize the perpetrator for their extreme behavior.
The first type of damages is typically known as "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. This could include doctor's fees, hospital costs and physical therapy costs. Some claims may also include additional costs, like travel costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages are often described as "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish that accidents can cause. Based on the severity of your injuries, your lawyer will assist you to determine the value of the damages. This could be based on the ability to participate in activities that you used to do or your loss of consortium with family members.
Statute of limitations
Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must bring a lawsuit within a specific time period or the claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for a long time.
The exact duration of the time limit is different from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the to file an injury claim. If you need assistance in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations only applies to lawsuits that are filed in court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises which cannot be resolved through insurance.
Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be assessed on a case-by case basis. For example the statute of limitations might not start running until the victim discovers or should have reasonably discovered that their injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. The plaintiff claims that the defendant violated the duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses.
The first document filed with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you seek. The complaint also contains a "prayer of relief" which describes what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within certain time frames and either accept or deny the allegations contained in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have will also assist us in negotiate with the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that these injuries are worth an amount of money.
This can be a long process however, the trial is when you will be able to determine if you'll receive the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will prevent the defendant from paying for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is the first time your case is subject to deadlines set by a court. This is also the time when your attorney will discuss the matter with the defense.
Preliminary conferences are usually conducted by a judicial registrar, or a member of the court's staff. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. However, if a party is unable to attend in person, they can participate via telephone or on the internet, with the consent of the convenor. 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 under one of three categories: expedited standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). When the Answer is filed, the case enters what is known as the discovery phase. In this stage the parties exchange information via written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. This document provides the legal claims that are being made and the relief sought, usually the award of damages in cash. Irving of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all references to intentional or willful acts in a medical malpractice case.
The court will not permit a new theory to be added at an point in the action that is unreasonablely late. 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 an acceptable explanation for the delay in the amendment.
Physical Exam
You might be wondering the reason why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, would be required to conduct a medical examination. This type of exam, which is required by Washington law, can be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their goal is to offer a different view of your injuries. These doctors, often referred to as "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation that can be paid to victims.
If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide copies of all relevant medical records for the doctor to look over. 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 not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.