What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be entitled to compensation. 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 action in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages property damage and other expenses. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force 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 responsible parties are called defendants. Personal injury cases can also include cases of wrongful death when someone dies because of the inattention or negligence of others.
The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are very rare and are intended to punish the wrongdoer if they have committed extreme acts.
The first category of damages is typically known as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Certain claims could also include additional costs, like travel costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages are also called "pain and suffer" damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will help you value these damages based on the extent of your injury. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship with family.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a specified time or the claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten and to stop people from carrying out incident-related litigation indefinitely.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a limit of two to four years. There are some exceptions to the time to file a claim. If you need assistance determining if your case falls within one of these exceptions, it is recommended to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to pursue legal action in the event that insurance negotiations don't follow the plan or an issue arises that cannot be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however 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 discovers or should have known 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 brought by the victim against the party who caused the injury. The plaintiff claims that the defendant violated their duty of care and that the breach caused loss and harm to the plaintiff. The defendant is then accountable for the damages.
The first document filed with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries and outlines the damages you seek. The complaint also contains the "prayer of relief" that outlines what you want the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within specific deadlines and either admit or deny all allegations contained in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we gather can also assist us to negotiate with the defense lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries in your accident and that the injuries are worthy of financial compensation.
It's a long process, but it is at the trial that you will finally know if you will receive the damages you deserve. In the case of a trial before jurors your lawyer will argue the defendant's responsibility and the need to compensate you for your losses. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to pay you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a court. It is also the time where your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial register or an individual from the court's staff. Unless the case is being handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the participants are required to attend in person. However, if a party is unable to attend in person, they can participate via telephone or on the internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories - complicated or expedited standard.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline can be extended by the court). After the Answer is filed, the matter moves into what is called the discovery phase. During this stage the parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought - typically an award of money damages. Hialeah injury lawsuit of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she is able to effectively 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 should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff had not been negligent. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will not allow a new theory to be added at an stage in the litigation that is unreasonablely late. 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 tardiness of the amendment.
Physical Examination
You might be wondering the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the specifics of your accident, would be asked to conduct a medical examination. However, this type of exam is actually required under Washington law, and it could be beneficial in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to provide a different perspective on your injuries. These doctors, sometimes referred to as "independent", have their own goals and financial interests in reducing the compensation that can be awarded to injured 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 aware of what to expect and will provide a copy of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could utilize this information in court.