What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be able to recover compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, which include medical expenses, lost wages, property damage and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are accountable. If someone dies as the result of inattention or negligence of others, wrongful death cases can be included in personal injury claims.
The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages are uncommon and are intended to penalize the wrongdoer for extreme conduct.
The first category of damages is often called "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In certain cases other expenses such as the cost of travelling to and from appointments, or changes to your home due to permanent disabilities could also be included in a claim.
Non-economic damages are commonly described as "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish that accidents can cause. Based on the severity of your injuries, your lawyer will assist you to estimate the value of the damages. It could be based on your capacity to participate in activities that you previously enjoyed or your loss of connection with family members.
Statute of Limitations
A legal rule known as the statute of limitation obliges anyone injured in an accident should file an action within a specified date or the 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 for an indefinite period.
The exact time limit varies from one state to another, but most personal injury lawsuits have a time limit of between two and four years. There are certain exceptions to the time limit for filing a claim. If you require assistance to determine if your claim falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations only applies to lawsuits filed in court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless important to give yourself enough time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem which cannot be resolved through insurance.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case-by-case basis. The statute of limitations might not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It claims that the defendant violated their duty of care and that this breach caused loss and harm to the plaintiff. The defendant is held accountable for the losses.
The first document you file with a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also contains the "prayer of relief" which outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must submit an answer to the complaint within a specified timeframe, and must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit relies on solid evidence, including 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 will also help us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement offer possible.
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 these injuries are worthy of financial compensation.
This can be a long process however, the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In the case of a trial before the jury, your lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to reimburse you for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a court. This is also the time when your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial register or an individual from the court's staff. Unless the case is being handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to be present in person. If a party is unable to attend in person, they may participate via telephone or on the internet with the approval of the convenor. If your case is to be part of the Differentiated Case Management program, the preliminary conference will be a chance 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 who are named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended if the court gives approval). Once the Answer has been filed, the matter moves into 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. The document is a legal declaration of claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, the court will only be able to abide by the 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 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 all references to intentional and willful acts from a medical negligence claim.
Similarly, the court will not permit the introduction of a new theory of recovery at an unreasonable late stage in the litigation. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the delay in the amendment.
web might be wondering why a doctor who isn't familiar with you or your medical history, and isn't familiar with the details of your incident, would be asked to conduct a medical exam. However, this type of examination is actually a requirement under Washington law and can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to provide a different perspective to your injuries. Although they are sometimes referred to as "independent," these physicians as well as insurance companies - have their own agenda and financial interest in reducing the amount of compensation that can be granted to a victim who has been injured.
If you choose to undergo an IME 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 a copy of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will make sure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may utilize this information in court.