What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be entitled to compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can also include wrongful death claims when someone dies because of the inattention or negligence of others.
Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct.
The first type of damages is usually known as "economic damages." This includes any out-of-pocket costs resulting from the accident or injury. These could include doctor's bills, hospital costs and physical therapy expenses. Certain claims could also include additional expenses, such as transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic damage can also be called "pain and suffer" damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that an accident can cause. Depending on the extent of your injuries, your lawyer will help you place a value on these damages. This may be based on your ability to carry out the activities you used to or your loss in consortium with your family.
Statute of limitations
In a legal rule known as the statute of limitations, any person who is injured in an accident must make a claim within a certain time frame or their claim will be dismissed by the courts. This is to safeguard evidence from being lost or forgotten, and to stop people from carrying out litigation related to an incident for a long time.
The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a limit of two to four years. There are some exceptions to the time to file claims. If you require assistance determining if your case falls under one of these exceptions, it is best to seek legal advice.
The statute of limitations only applies to lawsuits that are filed in the court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance.
Certain circumstances may stop the clock of the statute of limitations, but these instances are rare and generally need to be analyzed on a case-by-case basis. For example, the statute of limitations may not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by another person's negligent actions. In YouTube , like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is held accountable for the losses.
The first document you file with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you seek. It also includes the "prayer for relief" that outlines what you want the court to do. The summons and complaint should be delivered to the defendant.
After the complaint is filed, the defendant must respond to the complaint within a specific time period, and they must either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit is based 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 attorney for the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove you were injured in the accident and that these injuries are worth the amount of financial compensation.
It's a long process, but it's at the trial that you'll be able to determine if you get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will provide evidence to prove that their actions were not related to the accident. This will stop them from settling your losses.
You must attend a pre-trial discussion before proceeding with the trial. This is the first time that your case is subject to deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or an official from the court staff, usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories - complicated or expedited standard.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case 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 for the plaintiff prepares what is known as a Bill of Particulars. This document outlines the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they is able to effectively prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. Generally speaking, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out the reference to willful or deliberate acts in a medical negligence case.
In the same way, the court will not permit the addition of a new theory of recovery at an unreasonably late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the lateness of the amendment.
Physical Exam
You might be wondering the reason why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. But, this type of examination is actually required under Washington law, and can be helpful to your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. These doctors, sometimes referred to as "independent" and have their own agendas and financial stakes in reducing the amount of compensation that is paid to victims.
If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is essential to not play with the severity of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you at trial.