What is a Personal Injury Lawsuit?
You may be entitled to compensation if have been injured due to the actions or inactions of a third party. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, which include medical bills, lost wages, property damage, and other costs. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases can include the wrongful death of a person who dies due to the inattention or negligence of others.
A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensatory damages include medical bills, 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.
The first type of damages is usually called "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments, or modifications to your home due to permanent disabilities could be included in the claim.
Non-economic damages are also described as "pain and suffer" damages. These damages are more difficult to quantify and comprise the emotional distress and mental anguish caused by accidents. Your lawyer will assist you to evaluate these damages based upon the extent of your injury. It could be based on your capacity to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specified time or the claim will be dismissed by the courts. This is to prevent evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time.
The exact time limit differs from one state another, but most personal injury lawsuits have a time frame of two to four years. However there are exceptions that could extend the time a victim has to file their claim and they should seek legal advice for help determining whether or not your case falls under one of these exceptions.
The statute of limitations is only applicable to lawsuits that are filed in court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. However, it is important to leave yourself enough time to pursue legal action in the event that insurance negotiations don't follow the plan or an issue arises that can't be easily addressed through the insurance system.
Certain circumstances may stop the statute of limitations clock however, these situations are very rare and have to be analyzed on a case-by-case basis. For example the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injuries were caused by another person's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
view it is a civil suit filed by an injured party against the person or entity who caused the injury. It asserts that the defendant breached their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.
The first document filed in a personal injury lawsuit is known as the complaint. It contains specific details about the incident that led to your injuries and outlines the damages you're seeking. It also contains a "prayer for relief" that describes what you want the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant has to submit an answer to the complaint within a specific timeframe, and may either deny or admit the allegations 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 records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist 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 prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.
It's not an easy process, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will provide evidence that their actions do not contribute to the accident, which will prevent them from having to pay you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is the first time your case is subject to deadlines set by a court. This is also the time that your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial register or an individual from the court's staff. Unless the case is being handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a party is unable to attend in person, the convenor can allow them to participate by telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls under one of three categories namely expedited standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this timeframe can be extended by the court). Once the Answer has been filed, the matter moves into the discovery phase. During this phase the parties exchange information through written demands for discovery and depositions.
At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. 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 filed so that they can prepare effectively for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, the court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical negligence case.
The court will also not allow a new theory to be introduced at an point in the case that is unreasonably late. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment.
Physical Exam
If a defense attorney, or an 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 and your medical history and the details of your injury is requested to conduct an exam. But, this type of examination is actually an obligation under Washington law, and can be helpful to your case.
IMEs are typically performed by doctors who are employed by the insurer of the defendant. They are there to offer a different view of your injuries. These physicians, who are often referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation which can be awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.