What is a Personal Injury Lawsuit?
If you have been injured by another person'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 includes medical expenses, lost wages and property damage. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal action that is used to force another person or entity to pay you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are responsible. When someone dies as a result of carelessness or infractions committed by others the wrongful death case can be included in personal injury claims.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct.
This category covers all costs caused by the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy expenses. In some cases, additional expenses like the cost of travel to and from appointments or modifications to your home for permanent disabilities could also be included in a claim.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish caused by accidents. Your lawyer will help you value these damages based on the severity of your injuries. This may be based on your ability to carry out the activities you used to or your loss of a relationship with your family.
Statute of limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to protect evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time.
The exact duration of the time limit differs from one state another, but most personal injury claims have a time limit of two to four years. There are some exceptions to the time limit for filing a claim. If you require assistance determining if your case falls under one of these exceptions, then it is recommended that you seek legal advice.
One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to file a lawsuit just in case insurance negotiations don't take place as planned or if an issue arises that cannot be easily addressed through the insurance system.
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 instance the statute of limitations may not start to run until a victim has discovered or should have reasonably discovered that their injuries were caused by another person's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought 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 liable for those damages.
The complaint is the primary document that you file in a personal injury case. It includes specific allegations concerning the incident that led to your injuries, as well as the damages you want. The complaint also contains the "prayer for relief" which outlines 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 has to file an answer to the complaint within a certain time frame, and may either deny or admit the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that these injuries are worth financial compensation.
It's a long process, but it is at the trial that you'll finally know if you will be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will provide evidence to show that their actions were not related to the accident. This will stop the defendant from paying for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a court. It is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, or an individual from the court staff, typically holds preliminary conferences. Unless the case is handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If, however, a person cannot attend in person, they may take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls into one of three categories namely complicated or expedited standard.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this deadline may be extended by the court). After the Answer has been filed, the matter moves into the discovery phase. In my company via written demands for discovery and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike all references to willful and intentional actions from a medical malpractice claim.
The court will also not permit a new theory to be introduced at a stage in the litigation that is unreasonablely late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the delay in the amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you, your medical history, and the specifics of your injury is required to conduct an examination. This type of exam, which is required by Washington law, could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there to provide an alternative perspective on your injuries. These doctors, who are often referred to as "independent", have their own agendas and financial stakes in reducing the amount of compensation that can be given to victims of injuries.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are examined fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is crucial to avoid playing around with the severity of your injuries with the doctors, since they are trained to spot fraud and could utilize this information against you in trial.