What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you may be able to recover compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages damages to property and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to force another individual or entity to pay you for the damages that result from an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. If someone dies as the result of the carelessness or infractions committed by others In wrongful deaths, the case are often included in personal injury lawsuits.
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 for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior.
This category includes all expenses caused by the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. In some cases other expenses such as the cost of traveling to and from appointments, or modifications to your home to accommodate permanent disabilities may be included in the claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are difficult to quantify, and include the emotional stress and mental anguish that accidents can cause. Based on the extent of your injuries, your lawyer will help you place a value on the damages. This may be based on your capacity to perform the things you did before or your loss of a relationship with family.
Statute of limitations
A legal requirement known as the statute of limitation obliges anyone injured in an accident file an action within a specified date or the claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely.
The exact duration of time differs from state to state, however, personal injury claims typically have a two- to four-year limit. There are certain exceptions to the time period for filing claims. If you need assistance to determine if your claim is one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations applies only to lawsuits that are filed in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is still important to give yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that is not resolved by insurance.
Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be considered on a case-by case basis. For example, the statute of limitations might not start running until a victim discovered or ought to have realized that their injuries were caused by a negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is then accountable for the damages.
The first document filed in a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that caused your injuries. It also lists the damages you seek. The complaint also contains a "prayer of relief" that outlines what you want 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 time frame, and must either accept or deny the allegations made in the complaint. The defendant can 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 records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect will also assist us in negotiate with defense attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you were injured in the accident and that the injuries are worthy of an amount of money.
It can be a lengthy process, but it's at the trial that you will be able to determine if you receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is the first time your case has deadlines set by a court. This is also when your attorney will be discussing the issue with the defense.
A judicial registrar, also known as an official of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to permit them to participate via phone or online. If your case is going to be part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls within one of the three categories - expedited, standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants identified in the lawsuit are given twenty or thirty days to file an Answer (although this deadline can be extended if the court gives consent). When the Answer is filed, the case enters what is known as the discovery phase. In this stage both parties exchange information via 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. The document is a legal declaration of claims and the relief sought, usually the award of damages in cash. 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 review the Bill of Particulars before it is allowed to be enforced. In general, the court will only accept the Bill of Particulars if it is not vague or broad. accident injury law firm 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 example was a case in which the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all the reference to willful or deliberate actions in a medical malpractice case.
In the same way, the court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the litigation. 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 delay of this amendment.
Physical Examination
If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason why a doctor who does not know you and your medical history and the specifics of your accident is being required to conduct an examination. However, this type of examination is actually a requirement under Washington law, and it could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer a different view of your injuries. These doctors, who are sometimes referred to as "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation which is awarded to injured victims.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide an IME doctor with a copy of all pertinent medical records. 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 the ones in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could make use of this information in a trial.