What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you could be able to recover compensation. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking compensation for their losses, such as medical bills, lost wages, damages to property and other expenses. The process can run from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to compel another person, or entity to compensate you for damages resulting from an accident. The plaintiff is the victim and the defendants are the parties responsible. When someone dies as a result of the carelessness or infractions committed by others, wrongful death cases are often included in personal injury lawsuits.
Damages are typically classified into two categories: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are very rare and are intended to punish the offender if they have committed extreme crimes.
This category covers all expenses incurred as a result of the injury or accident. This could include doctor's fees as well as hospital expenses and physical therapy expenses. Some claims could also cover additional costs, like the cost of travel to and from appointments, or home modifications to accommodate a permanent disability.
Non-economic damages are often called "pain and suffering" damages. These are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that accidents can cause. Your lawyer can help you evaluate these damages based upon the severity of your injuries. It could be based on your capacity to participate in activities that you were previously able to enjoy or your loss of consortium with family members.
Statute of limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file an action before a specific date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time frame of between two and four years. There are some exceptions to the time period for filing an injury claim. If you require assistance in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many cases of injury are resolved through the insurance claim process 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 don't go as planned, or if a problem arises which cannot be resolved through insurance.
Certain circumstances can stop the clock of the statute of limitations however, these situations are extremely rare and need to be analyzed on a case-by-case basis. For instance the statute of limitations might not begin to run until a victim has discovered or ought to have realized that their injury was caused by a negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated a duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant is accountable for the damages.
The first document you file with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that led to your injuries and outlines the damages you're seeking. It also contains a "prayer for 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 frame, and may either deny or admit the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit depends 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 we have will also help us to negotiate with the defendants' attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that your injuries are worth the amount of financial compensation.
It's not an easy process, but it is at the trial that you'll finally know if you will receive the damages you deserve. In the trial before a jury the lawyer will argue for the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will present 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 preliminary conference. This is the first time that your case will be subject to deadlines imposed by a court. It is also the time where your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial register or someone on the court's staff. 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 may take part via phone or online with the permission of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories namely expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants identified in the lawsuit are given twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives consent). Once the Answer is filed, the case moves into what is known as the discovery phase. In this stage both parties exchange information via written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. The document details 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 they is able to effectively prepare for trial.
The court must look over a Bill of Particulars before it is allowed to be enforced. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and must not include new claims. Longview injury attorneys . Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff had not been negligent. 1994), the court sustained the motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will not permit a new theory to be introduced at any point in the action that is unreasonably late. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment.
Physical Exam
When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you, your medical history, and the specifics of your injury is asked to conduct an exam. However, this type of exam is actually a requirement under Washington law and can be helpful to your case.
IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their aim is to offer a different perspective on your injuries. These physicians, who are sometimes called "independent" and have their own agendas and financial stakes in reducing the compensation that can be awarded to injured victims.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and provide a copy of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may utilize this information in court.