What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you may be able to recover compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal action that is used to compel another person, or entity to compensate you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. If someone dies as the result of inattention or negligence of others, wrongful death cases can be included in personal injury lawsuits.
Damages are typically 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 and are designed to punish the offender when they have committed a number of extreme acts.
This category covers all costs caused by the injury or accident. These could include hospital bills, doctor's fees and physical therapy costs. In some instances, additional expenses like the cost of travel to and from appointments or modifications to your home to accommodate permanent disabilities could also be included in a claim.
Non-economic damage can also be described as "pain and suffer" damages. These damages are harder to quantify and include the emotional distress and mental stress that accidents can cause. Based on the severity of your injuries, your lawyer will help you estimate the value of these damages. This may be based on your ability to do things you did before or your loss of consortium with family.
Statute of limitations
A legal rule known as the statute of limitation stipulates that anyone injured in an accident should file a lawsuit before a certain date or their claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from carrying out litigation related to an incident for a long time.
The time frame for filing a claim varies from one state to another, but the majority of personal injury claims have a time frame of two to four years. However there are exceptions that can extend the time that a victim must submit their claim. They should seek legal advice when to determine whether or not their case falls within one of these exceptions.
A key aspect of the statute of limitations is that it applies only to the filing of an action in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem that cannot be resolved with insurance.
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. For example the statute of limitations might not start to run until a victim discovered or should have reasonably discovered that their injuries were caused by a negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant breached the duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the losses.
The complaint is the first document filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that caused your injuries, and the damages you seek. It also contains a "prayer for relief" that outlines 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 specific time frame, and must either accept or deny the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
This could be a long process however, the trial is when you will be able to determine if you'll get the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for the losses you suffered. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is typically the first time your case will have deadlines established by the Court itself. It is also the time when your attorney will discuss the case with the defense.
A judicial registrar, also known as an official of the court's staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person they are able to participate via telephone or on the internet with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). After the Answer has been filed, the case is moved into the discovery phase. During this phase both parties exchange information through written discovery demands and depositions.
At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant 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 accepted, it must be reviewed 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 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 all references to intentional or willful acts in a medical malpractice case.
In the same way, the court will not permit the addition of a new theory of recovery at an unreasonable late stage in the litigation. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate 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 accident, should be required to conduct a medical exam. But, click through the up coming web page of examination is actually required under Washington law, and it can be helpful to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer an alternative perspective to your injuries. These doctors, sometimes called "independent" and have their own agendas and financial interests in reducing the amount of compensation which is given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could make use of this information in a trial.