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. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can last from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to force another person or entity to compensate you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as a result of negligence or wrongdoing by others the wrongful death case can be included in personal injury claims.
Damages are usually classified into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior.
The first category of damages is often known as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees, hospital costs and physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments, or modifications made to your home for permanent disabilities can also be included in the claim.
Non-economic losses are often referred to as "pain and suffering" damages. These damages are harder to quantify and include the emotional stress and mental stress that an accident can cause. Depending on www.youtube.com of your injuries your lawyer can help you determine the value of the damages. This could be based on the ability to carry out the things you were previously able to do or your loss in consortium with family.
Statute of limitations
Under a legal rule called the statute of limitations, any person who is injured in an accident must bring a lawsuit within a certain time frame or their claim will be rejected by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact time frame differs between states, however personal injury claims generally have a two-to four-year limitation. However, there are exceptions that may extend the amount of time that a victim must submit their claim. They should seek legal advice for help determining whether or not their case falls into one of the exceptions.
The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself plenty of time to take legal action just in case insurance negotiations do not take place as planned or if there is a problem that cannot be addressed by the insurance system.
A few circumstances can pause the clock of the statute of limitations however these cases are rare and generally need to be analyzed on a case-by-case basis. The statute of limitation may not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages.
The complaint is the primary document that is filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries, and the damages you want. The complaint also contains a "prayer for relief" that describes what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant must respond to the complaint within a certain time frame, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you suffered injuries in your accident and that the injuries are worth financial compensation.
It's not an easy process, but it's at the trial that you will find out if you get the compensation you deserve. In a trial before jurors, your lawyer will argue that the defendant is at liability and that they must pay for your losses. The defendant will present evidence that their actions are not related to the accident, which prevents them from having to reimburse you for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is typically the first time your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. All participants must attend the preliminary conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party cannot attend in person, they are able to take part via phone or online with the approval of the convenor. If your case is going to be a 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 classifications which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended with the court's consent). After the Answer is filed, the case moves into what is called the discovery phase. In this stage, both parties exchange information through written demands for discovery and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. This document outlines the legal claims being made as well as 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 filed so that they can effectively prepare for trial.
The court must review the Bill of Particulars before it can be complied with. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to intentional and willful acts from a medical negligence claim.
The court will also not allow a new doctrine to be added at a stage in the litigation that is unreasonable late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the tardiness of the amendment.
Physical Examination
You might be wondering the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. But, this type of exam is actually an obligation under Washington law, and could be beneficial in your case.
IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their goal is to provide an alternative view of your injuries. While they are sometimes called "independent," these physicians, just like insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that can be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot dishonesty, and could utilize this information in court.