What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. Personal injury cases can also include cases of wrongful death when someone dies because of the negligence or wrongdoing of others.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer if they have committed extreme acts.
The first category of damages is often referred to as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In certain cases, additional expenses like the cost of travel to and from appointments or modifications made to your home due to permanent disabilities could be included in the claim.
Non-economic damages are commonly called "pain and suffering" damages. These are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that accidents can cause. Based on the extent of your injuries, your lawyer will assist you to determine the value of the damages. This could be based on the ability to carry out the things you did before or your loss in consortium with your family.
Statute of Limitations
A legal requirement known as the statute of limitation obliges anyone injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out indefinitely.
The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a time limit of two to four years. There are certain exceptions to the limit for filing a claim. If you need help determining if your case is one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. But, it's important to allow yourself enough time to file a lawsuit in the event that negotiations fail to go as planned or an issue arises that can't be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by case basis. The statute of limitations may not be established until the victim realizes or should have realized that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. It alleges that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the losses.
The complaint is the primary document that is filed in a personal injury case. It provides detailed details concerning the incident that led to your injuries, and the damages you want. The complaint also includes an "prayer of relief" that outlines what you would like the court to do. The summons and complaint should be given to the defendant.
After the complaint is filed, the defendant must file an answer to the complaint within a specific timeframe, and must either accept or deny 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 based on solid evidence, which includes medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect will also help us to negotiate with the defense lawyers or insurance agents to obtain the best 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 that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation.
It can be a lengthy procedure, but it's at the trial that you will find out if you get the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for your losses. You Tube will present evidence to show that their actions were not related to the accident. This will stop them from paying you for your losses.
You must attend a pre-trial meeting prior to proceeding 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 attorney will discuss the case with the defense.
A judicial registrar, also known as a member of the court staff typically conducts preliminary conferences. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All participants are required to attend in person. However, if a party cannot attend in person, they are able to participate via phone or internet with the approval of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories namely advanced standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to respond (although this time frame can be extended with the court's consent). After the Answer is filed, the case is moved to what is known as the discovery phase. During this phase, both parties exchange information via written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. The document details legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. Generally, the court will only abide by 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 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 introduction of a new doctrine of recovery at an unreasonably late point in the action. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the specifics of your accident is being required to conduct an examination. However, this kind of exam is actually a requirement under Washington law, and can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer an alternative view of your injuries. These physicians, who are sometimes referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide a copy of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may make use of this information in a trial.