What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can run from several months to several years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay you compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. If someone dies as the result of the negligence or wrongdoing by others the wrongful death case are often included in personal injury lawsuits.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages are rare and are intended to penalize the offender for extreme behavior.
This category covers all expenses incurred as a result of the injury or accident. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages can also be called "pain and suffer" damages. They are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that accidents can cause. Your lawyer can help you determine the value of these damages based on the severity of your injury. It could be based on your ability to participate in activities that you previously enjoyed or the loss of your relationship with family members.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specified time or their claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and also to stop people from dragging incident-related litigation out indefinitely.
The exact time limit varies from one state to another, but most personal injury lawsuits have a time limit of two to four years. There are some exceptions to the time to file claims. If you require assistance in determining whether your case is one of these exceptions, then it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. Even so, it is important to leave yourself plenty of time to pursue legal action just in case insurance negotiations fail to take place as planned or if an issue arises that can't be resolved through the insurance system.
Certain circumstances can stop the clock of the statute of limitations however, these situations are very rare and have to be evaluated on an individual case-by-case basis. For example the statute of limitations may not start running until a victim has discovered or reasonably should have discovered that their injury was caused by another person's negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated the duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages.
The first document filed with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also lists the damages you seek. The complaint also contains an "prayer of relief" which outlines what you want the court to do. The summons and complaint should be given to the defendant.
The defendant must respond to the complaint within a set of time frames and either accept or deny the allegations contained in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit depends on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we collect can also assist us to negotiate with the defendants' lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you were injured in your accident and that the injuries are worth an amount of money.
It's not an easy process, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In the case of a trial before a jury, your lawyer will argue for the defendant's responsibility and the need to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which prevents them from having to pay you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is typically the first time your case will be subject to deadlines that are set by the Court itself. It is also the time when your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar or someone on the court's staff. All parties must attend the initial conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person, they may participate via phone or internet, with the consent of the convenor. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). After the Answer has been filed, the case moves into the discovery phase. In this phase the 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 details legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can effectively prepare for trial.
The court must review a Bill of Particulars before it is allowed to be enforced. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff was not negligent. In accident injury lawyers near me , the court upheld the motion to strike all references to intentional or willful actions in a medical malpractice case.
The court will not permit a new theory to be introduced at any point in the case that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the delay in the amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction 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 examination is required by Washington law, could be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurer of the defendant. Their aim is to provide an alternative perspective on your injuries. These physicians, who are sometimes called "independent", have their own agendas and financial interests in reducing the amount of compensation which is given to victims of injuries.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is essential to not play up or down the extent of your injuries with the doctors, since they are trained to spot dishonesty and may use this information against you at trial.