What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be eligible for compensation. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. If someone dies as the result of carelessness or infractions committed by others the wrongful death case may be part of personal injury lawsuits.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.
This category covers all costs that result from the injury or accident. These could include doctor's bills as well as hospital expenses and physical therapy costs. In some cases additional expenses, such as the cost of travelling to and from appointments, or changes to your home for permanent disabilities can be included in a claim.
Non-economic damages are commonly described as "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that an accident can cause. Depending on the extent of your injuries, your lawyer can help you estimate the value of these damages. This could be based on the capacity to perform the things you did before or your loss of a relationship with family.
Statute of limitations
A legal principle known as the statute of limitations stipulates that anyone injured in an accident should file an action before a specific date or the claim will be dismissed. This is done to prevent evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out for a long time.
The exact length of time for filing a claim differs from state to state, however personal injury claims generally have a two- to four-year limit. However there are exceptions that can extend the amount of time a victim has to file their claim and they should seek legal advice when to determine if your case falls under one of these exceptions.
One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself enough time to take legal action in the event that negotiations fail to go as planned or there is a problem that cannot be easily addressed through the insurance system.
Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by-case basis. For example, the statute of limitations might not start running until a victim discovered or ought to have realized that their injuries were caused by another person's negligence, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It claims that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff and that the defendant is liable for those damages.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also contains a "prayer for relief" that outlines what you would like the court to do. The summons and complaint should be given to the defendant.
The defendant must respond to the complaint within a set of time limits and either admit or deny all the allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we collect can also assist us to negotiate with the defendants' attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you were injured in the accident and that your injuries are worthy of an amount of money.
This could be a long process, but the trial is when you'll be able to decide if you'll get the damages you deserve. In a trial before jurors, your lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will stop them from settling your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case has deadlines set by a court. It is also the time that your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual of the court staff usually conducts preliminary conferences. Unless the case is being handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to attend in person. If a person is unable to attend in person, the convenor may allow them to participate by phone or via the internet. 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 into one of three categories: advanced standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame may be extended by the court). After the Answer is filed, the matter moves into what is called the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. This document provides the legal claims being made as well as the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
The court must look over the Bill of Particulars before it can be complied with. In general, a court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical negligence case.
accident injury lawyers will not permit a new theory to be added at an point in the action that is unreasonable late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Exam
It is possible to ask why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your incident, would be asked to conduct a medical examination. This type of exam, which is required by Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. They are there to provide an alternative perspective on your injuries. Although they are often called "independent," these physicians as well as insurance companies - have their own agenda and financial interest in cutting down on the amount of compensation that could 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 an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may utilize this information in court.