What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be able to recover compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to force another person or entity to pay you for damages resulting from an accident. The person who is injured is referred to as the plaintiff while the responsible parties are called defendants. If someone dies as the result of inattention or negligence of others, wrongful death cases are often included in personal injury claims.
A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages are not common and are intended to penalize the offender for extreme behavior.
The first type of damages is typically known as "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic damages are often referred to as "pain and suffering" damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish caused by accidents. Based on the extent of your injuries, your lawyer can help you place a value on the damages. This may be based on your ability to do activities you used to or your loss of a relationship with family.
Statute of limitations
A legal rule known as the statute of limitation stipulates that anyone injured in an accident must file an action before a specific date or their claim will be dismissed. This is done to prevent evidence from being lost or lost, and also to stop people from dragging incident-related litigation out indefinitely.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time limit of between two and four years. However there are exceptions that could prolong the time that a victim must make a claim, and they should seek legal advice for help to determine if your case falls under one of these exceptions.
A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs that is not resolved by insurance.
Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be considered on a case by case basis. For instance, the statute of limitations might not begin to run until the victim discovers or ought to have realized that their injuries were caused by another person's negligence, and in certain 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 party who caused the injury. It claims that the defendant violated a duty of care, and that the 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 provides detailed details regarding the incident that caused your injuries and the damages you seek. The complaint also includes the "prayer of relief" which describes 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 is required to respond to the complaint within a specific time period, and they must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather can also assist us to negotiate with the defendants' attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that your injuries are worthy of an amount of money.
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 trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is usually the first time your case will be subject to deadlines established by the Court itself. It is also the time that your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or an individual from the court's staff. All parties must attend the initial conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party cannot attend in person, they are able to participate via telephone or on the internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls into one of three categories - expedited standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe is able to be extended by the court). Once the Answer is filed, the case is moved into what is called the discovery phase. During this phase, both parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the 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 being made, so that they can prepare for trial.
The court must review the Bill of Particulars before it is able to be followed. Generally speaking, 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 claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical negligence case.
The court will not allow a new theory to be introduced at a stage in the litigation that is unreasonably late. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the delay of this amendment.
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If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason a doctor who may not know you and your medical history and the details of your incident is requested to conduct an exam. This type of examination is required under Washington law, could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their goal is to offer a different perspective on your injuries. These physicians, who are sometimes referred to as "independent", have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.