What is a Personal Injury Lawsuit?
You could be eligible for compensation if you were injured as a result of the actions or inactions of a third party. Contact a seasoned personal injury lawyer to learn more about your rights.
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 costs. The process can run from several months to several years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are the parties accountable. Personal injury cases can also include wrongful death claims when someone dies due to negligence or wrongdoing of others.
A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior.
This category covers all costs that result from the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic losses are often referred to as "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that an accident can cause. Based on the extent of your injuries, your lawyer will help you place a value on these damages. This could be based on the ability to continue enjoying the activities you previously enjoyed or the loss of your relationship with family members.
Statute of limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being lost or lost, and to prevent people from dragging incident-related litigation out for an indefinite period.
The time frame for filing a claim varies from one state to another, but the majority of personal injury claims have a time limit of between two and four years. However there are exceptions that may extend the time required for a victim to file their claim and they should seek legal advice when to determine whether or not their case falls into one of the exceptions.
One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. But, it's important to allow yourself enough time to pursue legal action in the event that negotiations don't go as planned or an issue arises that cannot be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be considered on a case-by-case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person 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 then held accountable for the losses.
The complaint is the initial document that is filed in a personal injury case. It contains detailed allegations regarding the incident that caused your injuries as well as the damages you are seeking. It also includes a "prayer for relief" which outlines what you would like the court to do. The summons and complaint should be given to the defendant.
The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll find out if you receive the damages you are entitled to. In the case of a trial before the jury the lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses.
You must attend a pre-trial conference before proceeding with the trial. injury and accident lawyer is the first time that your case is subject to deadlines set by a judge. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. If the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to be present in person. If, however, a person cannot attend in person, they can take part via phone or online with the approval of the convenor. 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 under one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline can be extended with the court's permission). After the Answer is filed, the case enters what is known as the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. This document outlines the legal claims that are being made and the relief sought, usually the award of damages in cash. 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 followed, it must be scrutinized by the court. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical malpractice case.
The court will not permit the introduction of a new theory of recovery at an unreasonable late stage in the case. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the tardiness of the amendment.
Physical Examination
You may question the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, should be asked to conduct a medical exam. This type of examination is required under Washington law, can be beneficial to your case.
IMEs are usually performed by doctors who are employed by the insurance company of the defendant. They are there to provide an alternative perspective on your injuries. These physicians, who are sometimes referred to as "independent", have their own agendas and financial interests in reducing the amount of compensation which can be awarded to injured victims.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is crucial to avoid playing up or down the extent of your injuries with the doctors, since they are trained to recognize dishonesty and may use this information against you at trial.