What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another individual or entity to compensate you for damages resulting from an accident. The plaintiff is the injured party and the defendants are the ones responsible. When someone dies as a result of the carelessness or infractions committed by others In wrongful deaths, the case are often included in personal injury claims.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior.
The first type of damages is usually called "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. These may include hospital expenses as well as doctor's fees and therapy costs. In some instances additional expenses, such as the cost of travel to and from appointments or changes to your home due to permanent disabilities could be included in an insurance claim.
Non-economic damages are often described as "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer will help you value these damages based on the extent of your injury. This could be based on the ability to do things you were previously able to do or your loss of consortium with family.
Statute of limitations
A legal requirement known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or else their 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 indefinitely.
The exact length of time for filing a claim is different between states, however personal injury claims generally have a two-to four-year time limit. However, there are exceptions that may extend the amount of time required for a victim to make a claim, and they should seek legal advice when to determine if their case falls into one of the exceptions.
A key aspect 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 process of claiming insurance and do not require formal lawsuit filing. But, it's crucial to give yourself plenty of time to take legal action in the event that negotiations fail to follow the plan or there is a problem that cannot be resolved through the insurance system.
Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be considered 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 some states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant breached a duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages.
The complaint is the first document filed in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries, as well as the damages you are seeking. The complaint also includes an "prayer of relief" that outlines what you would like the court to do. The complaint and summons must be given to the defendant.
After the complaint is filed, the defendant has to submit an answer to the complaint within a certain timeframe, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we gather will also help us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.
This can be a long process however, the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a trial before a jury your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also the time when your attorney will discuss the matter with the defense.
A judicial registrar, or an individual of the court's staff, usually conducts preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can permit them to attend via telephone or online. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories: complicated or expedited standard.
Bill of Particulars
When a summons and complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to respond (although this deadline may be extended if the court gives approval). Once the Answer is filed, the matter moves into what is called the discovery phase. In this period the parties exchange information in the form of written demands for discovery and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. This document provides 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 made so that they is able to effectively prepare for trial.
The court must review the Bill of Particulars before it is able to be followed. In general, a court will only be able to abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. injury and accident lawyer .D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff was not negligent. In 1994, the court upheld the motion to strike out the reference to willful or deliberate actions in a medical malpractice case.
The court will not allow a new theory to be introduced at a point in the action that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the delay in the amendment.
Physical Examination
It is possible to ask why a doctor, who doesn't know you, or your medical history and is unfamiliar with the details of your incident, would be asked to conduct a medical exam. However, this type of examination is actually an obligation under Washington law and could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer an alternative view of your injuries. While they are sometimes described as "independent," these physicians as well as insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that could be awarded to an injured victim.
If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and provide the complete set of medical records for the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is crucial to avoid playing up or down the severity of your injuries with these doctors, as they are trained to recognize the deceit and may utilize this information against you in trial.