What is a Personal Injury Lawsuit?
You may be eligible for compensation if you have been injured due to the actions or inactions of another person. 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 compensate for their losses, including medical bills, lost wages property damage and other expenses. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. When someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury claims.
A victim's damages are typically divided into two categories that are punitive and compensatory. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.
This category covers all expenses caused by the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages are often described as "pain and suffering" damages. These damages are harder to quantify, and they include the emotional stress and mental anguish caused by accidents. Your lawyer can help you value these damages based on the extent of your injury. This could be based on the capacity to perform the things you were previously able to do or your loss of a relationship with family.
Statute of limitations
A legal requirement known as the statute of limitation stipulates that 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 forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out indefinitely.
The exact duration of the time limit is different from one state to another, but most personal injury claims have a time limit of two to four years. However, there are similar internet page that may extend the amount of time a victim has to file their claim and they should seek legal advice when determining whether or not their case falls within one of these exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. But, it's crucial to give yourself plenty of time to pursue legal action in the event that negotiations do not follow the plan or an issue arises that can't be addressed by the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case-by-case basis. For example, the statute of limitations may not start to run until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. It alleges that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages.
The complaint is the initial document that is filed in a personal injury lawsuit. It includes specific allegations concerning the incident that led to your injuries, as well as the damages you want. The complaint also includes an "prayer of relief" which outlines what you would like the court to do. The complaint and summons must be given to the defendant.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a specified timeframe, and may either deny or admit the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely together 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 the defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It can be a lengthy process, but it is at the trial that you will finally know if you will be awarded the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will provide evidence to show that their actions are not connected to the accident. This will prevent the defendant from paying for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is often 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 meetings are usually held by a judicial registrar, or an individual from the court's staff. Unless the case is handled by New York's Differentiated Case Management Rule, or if it is exempted from the Rules the participants are required to attend in person. If a party is unable to attend in person, they can take part via phone or online with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants who are named in the lawsuit have twenty or thirty days to respond (although this deadline may be extended if the court gives permission). After the Answer has been filed, the matter moves into what is called the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document details legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.
The court must review the Bill of Particulars before it is allowed to be enforced. In general, courts 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 being claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to intentional and willful acts from a medical negligence claim.
The court will not allow a new doctrine to be introduced at any stage in the litigation that is unreasonable late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the lateness of the amendment.
Physical Examination
If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you and your medical history and the specifics of your injury is asked to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer a different perspective to your injuries. Although they are sometimes referred to as "independent," these physicians, just like insurance companies have their own agendas and financial stake in reducing the amount of compensation that can be granted to a victim who has been injured.
If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can use this information at trial.