What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you could be able to recover compensation. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their loss. This includes 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 process which is filed to force another person or entity to pay you for the damages that result from an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases may include cases of wrongful death when someone dies due to negligence or wrongful actions of others.
The damages a victim suffers are usually broken down into two groups that are punitive and compensatory. Compensation damages are designed to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are not common and designed to punish the offender for extreme behavior.
The first type of damages is typically referred to as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments, or modifications to your home for permanent disabilities could also be included in an insurance claim.
Non-economic losses are often referred to as "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering caused by accidents. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. This could be based on the ability to enjoy activities you previously enjoyed or your loss of consortium with family members.
Statute of limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident file a lawsuit before a certain date or the claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for a long time.
The exact time frame is different between states, but personal injury claims typically have a two-to four-year limit. However there are exceptions that can prolong the time required for a victim to submit their claim. 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 filed in the court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be considered on a case-by-case basis. The statute of limitations may not begin until the victim is aware or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. injury accident lawyers claims that the defendant violated their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is held responsible for these damages.
The first document you file with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that led to your injuries and outlines the damages you seek. The complaint also includes an "prayer of relief" which outlines what you would like 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 must respond 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 or add another defendant to the case as third party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we collect can also assist us to negotiate with defendants' lawyers or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that these injuries are worth financial compensation.
It's not an easy process, but it's at the trial that you will be able to determine if you get the compensation you are entitled to. In the trial before the jury your lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is often the first time that your case will be subject to deadlines that are set by the Court itself. It is also the time when your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. All participants must attend the preliminary conference in person unless the case has been handled by 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 phone or online. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls within one of the three categories which are expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to submit an Answer (although this deadline can be extended with the court's approval). When the Answer is filed, the case enters what is called the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. This document provides the legal claims being made as well as the relief requested - typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they can prepare effectively for trial.
The court must examine the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will not allow a new theory to be added at an stage in the litigation that is unreasonably late. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment.
Physical Examination
It is possible to ask the reason 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. This type of examination is required under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer an alternative view of your injuries. These physicians, who are sometimes called "independent" and have their own goals and financial interests in reducing the amount of compensation that is paid to victims.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide copies of all relevant medical records to the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is crucial to not play around with the extent of your injuries with the doctors, since they are trained to recognize fraud and could utilize this information against you at trial.