What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have been injured due to the actions or inactions of someone else. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff, while the parties accountable are known as defendants. If Continue dies as a result of negligence or wrongdoing by others the wrongful death case can be included in personal injury claims.
Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages, which are not common and are designed to punish the wrongdoer when they have committed a number of extreme acts.
The first category of damages is typically known as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. In certain cases other expenses such as the cost of travelling to and from appointments or changes to your home to accommodate permanent disabilities could be included in an insurance claim.
Non-economic damages are often referred to as "pain and suffering" damages. These damages are harder to quantify, and they include the emotional distress and mental anguish caused by accidents. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This could be based on the ability to carry out the things you were previously able to do or your loss in consortium with your family.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a certain time frame or their claim will be rejected by the courts. This is to stop evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely.
The time frame for filing a claim differs from one state another, but most personal injury claims have a time frame of two to four years. There are certain exceptions to the time to file claims. If you need assistance determining if your case falls under one of these exceptions, it is best to seek legal advice.
One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations however these cases are very rare and have to be analyzed on an individual case-by-case basis. For instance, the statute of limitations may not start to run until the victim discovers or reasonably should have discovered that their injury was caused by another person's negligent actions, and in some states, such as New York, the statute of limitations differs 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 alleges that the defendant breached the duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.
The first document filed with a personal injury lawsuit is called the complaint. It contains specific details about the incident that led to your injuries. It also lists the damages you seek. The complaint also includes the "prayer of relief" which outlines what you want the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within specific time frames and either accept or deny the allegations in the complaint. The defendant can also make 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 records and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.
This can be a long process however, the trial is where you will be able to determine if you'll get the damages you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is often the first time that your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or a member from the court staff, usually conducts preliminary conferences. Unless the case is being handled in accordance with 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 phone or internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories: expedited standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). After the Answer is filed, the matter moves into what is called the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details 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 that are made to help them 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 vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to willful and intentional acts from a medical malpractice claim.
The court will not allow the introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the delay of this amendment.
Physical Examination
You may question why a doctor who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, should be required to conduct a medical examination. However, this kind of exam is actually an obligation under Washington law, and it can be helpful in your case.
IMEs are usually conducted by doctors hired by the insurer of the defendant. They are there to provide an alternative perspective on your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial stake in decreasing the amount of compensation that could be given to a victim of injury.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide a copy of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is important to avoid playing up or down the severity of your injuries with these doctors, as they are trained to spot dishonesty and may utilize this information against you in trial.