What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you could be entitled to compensation. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal action that is used to compel another person, or entity, to pay you for the damages that result from an accident. The plaintiff is the injured party and the defendants are the parties accountable. If someone dies as the result of the carelessness or infractions committed by others, wrongful death cases are often included in personal injury lawsuits.
The damages a victim suffers are usually broken down into two groups that are punitive and compensatory. Compensation damages are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages, which are not common and are intended to punish the wrongdoer when they have committed a number of extreme actions.
This category includes all expenses caused by the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. In some cases, additional expenses like the cost of travel to and from appointments, or changes to your home for permanent disabilities can also be included in a claim.
Non-economic damages are commonly called "pain and suffering" damages. These damages are difficult to quantify, and include the emotional stress and mental stress that an accident can cause. Your lawyer will help you determine the value of these damages based on the extent of your injury. This could be based on the ability to carry out the things you did before or your loss of consortium with your family.
Statute of limitations
A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file an action within a specified date or their claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The time frame for filing a claim varies from one state to another, but most personal injury lawsuits have a limit of two to four years. However there are exceptions that may extend the time required for a victim to submit their claim. They should seek legal advice for assistance in determining whether or not their case falls within one of these exceptions.
The statute of limitations only applies to lawsuits filed in the court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. accident injury lawyers near me is essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem which cannot be resolved through insurance.
Certain circumstances can stop the clock of the statute of limitations however, these situations are rare and generally need to be considered on a case-by-case basis. For instance the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and in some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the 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 damage and losses for the plaintiff. The defendant is then accountable for the damages.
The complaint is the primary document that is filed in a personal injury case. It contains detailed allegations regarding the incident that caused your injuries as well as the damages you are seeking. The complaint also includes the "prayer of relief" which outlines what you want the court to do. The complaint must be served to the defendant with a summons that 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 specific time period, and they will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries in your accident and that the injuries are worth financial compensation.
It can be a lengthy procedure, but it's at the trial that you will be able to determine if you receive the damages you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will present evidence to prove that their actions were unrelated 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 often the first time your case will be subject to deadlines that are set by the Court itself. It is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or an individual from the court staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they are able to participate via phone or internet with the permission of the convenor. If your case is going to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this time frame can be extended with the court's consent). Once the Answer is filed, the case is moved into the discovery phase. During this stage both parties exchange information through written demands for discovery and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims 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, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike references to willful and intentional actions from a medical malpractice claim.
In the same way, the court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the litigation. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides an adequate explanation for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you and your medical history and the details of your incident is asked to conduct an exam. This type of exam is required under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to offer a different perspective to your injuries. Although they are often described as "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in reducing the amount of compensation that could be given to a victim of injury.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from those in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could make use of this information in a trial.