What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding which is filed to compel another person, or entity, to pay you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are rare and designed to punish the perpetrator for their extreme behavior.
The first category of damages is often referred to as "economic damages." This includes any out-of-pocket costs resulting from the accident and injuries. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims could also cover additional expenses, such as transportation costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic losses are often described as "pain and suffering" damages. These damages are more difficult to quantify and include the emotional stress and mental stress that accidents can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This could be based on your ability to participate in activities that you used to do or your loss of connection 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 rejected by the courts. This is to protect evidence from being lost or forgotten, and to stop people from drag out litigation relating to incidents for an indefinite period.
The time frame for filing a claim varies from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the time period for filing claims. If you require assistance determining if your case is one of these exceptions, it is recommended to seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. It is essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case-by-case basis. The statute of limitations might not begin until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant violated a duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the damages.
The complaint is the first document filed in a personal injury lawsuit. It contains detailed allegations about 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 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.
The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also assist us in negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove you were injured in your accident and that your injuries are worth the amount of financial compensation.
It's not an easy process, but it's at the trial that you will finally know if you will receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will present evidence that their actions are unrelated to the accident, which will keep them from having to pay you for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or an official of the court staff usually conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor may permit them to participate via phone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories - complicated or expedited standard.
Bill of Particulars
When a summons and complaint are filed, the defendants identified in the lawsuit are given twenty or thirty days to file an Answer (although this deadline may be extended if the court gives permission). When the Answer is filed, the case enters what is called the discovery phase. In this phase both sides exchange information in the form of 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. This document provides the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can prepare effectively for trial.
The court must examine a Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim.
The court will also not allow a new theory to be introduced at a point in the case that is unreasonable late. To avoid causing Bloomington injury lawyers , a late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the tardiness of the amendment.
Physical Examination
You might be wondering why a doctor, who doesn't know you or your medical history and isn't familiar with the details of your accident, would be required to conduct a medical examination. However, this type of exam is actually a requirement under Washington law, and it could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the insurance company of the defendant. They are there to provide an alternative perspective on your injuries. While they are sometimes described as "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in decreasing the amount of compensation that may be granted to a victim who has been injured.
If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide a copy of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the questions of the doctor do not diverge from those in your medical records. It is essential to avoid playing up or down the severity of your injuries with the doctors, since they are trained to recognize fraud and could use this information against you in trial.