What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you money for damages related to an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. When someone dies as a result of inattention or negligence of others, wrongful death cases can be included in personal injury claims.
Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical expenses and compensation for pain and suffering. You Tube are uncommon and are designed to punish the wrongdoer for extreme conduct.
The first category of damages is usually known as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances other expenses such as the cost of travel to and from appointments, or changes to your home to accommodate permanent disabilities could be included in a claim.
Non-economic damages are often called "pain and suffering" damages. These damages are difficult to quantify, and they comprise the emotional distress and mental stress caused by accidents. Your lawyer will assist you to value these damages based on the extent of your injury. This may be based on your ability to carry out the things you were previously able to do or your loss of consortium with family.
Statute of Limitations
A legal principle known as the statute of limitation obliges anyone injured in an accident must file an action within a specified date or else the claim will be dismissed. This is done to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out indefinitely.
The exact time limit is different from one state to another, but most personal injury lawsuits have a time limit of between two and four years. However, there are exceptions that may extend the time a victim has to submit their claim. They should seek legal advice for assistance in determining whether or not their case falls within one of the exceptions.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is nevertheless important to give yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs that is not resolved by insurance.
Certain circumstances can stop the statute of limitations clock however, these situations are rare and generally need to be evaluated on an individual basis. The statute of limitations may not start until the person discovers or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It asserts that the defendant violated their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The first document filed in a personal injury lawsuit is known as the complaint. It contains specific details about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains an "prayer of relief" which outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a specified time period, and they will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather can also assist us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
It can be a lengthy process however, the trial is where you can finally determine whether you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will prevent them from paying you for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is typically the first time your case will be subject to deadlines established by the Court itself. This is also when your attorney will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial register or a member of the court's staff. All parties must attend the preliminary conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able 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, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories namely advanced standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written demand for discovery and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines the legal claims being made and the relief sought - usually an award of money damages. The Bill of Particulars is intended to inform the defendant 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 accepted, it must be scrutinized by the court. Generally speaking, the court will only abide by 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 alleged, and not add any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all references to intentional or willful actions in a medical malpractice case.
Similarly, the court will not permit the introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.
Physical Exam
You might be wondering why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical exam. This type of examination, which is required by Washington law, can be beneficial to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. These physicians, who are often referred to as "independent", have their own agendas and financial interests in reducing the amount of compensation which can be 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 all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is essential to avoid playing with the severity of your injuries to the doctors, since they are trained to recognize fraud and could make use of this information against you in trial.