What is a Personal Injury Lawsuit?
You may be eligible for compensation if you were injured as a result of the actions or inactions of another person. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, property damage, and other costs. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay you compensation for the damages resulting from an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. If someone dies as a result of carelessness or infractions committed by others, wrongful death cases may be part of personal injury lawsuits.
The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare, are meant to punish the wrongdoer when they have committed a number of extreme actions.
This category includes all expenses incurred as a result of the injury or accident. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic damage can also be described as "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that accidents can cause. Your lawyer will help you evaluate these damages based upon the severity of your injuries. This may be based on your capacity to perform the things you did before or your loss in consortium with your family.
Statute of Limitations
A legal rule known as the statute of limitation obliges anyone injured in an accident should file an action within a specified date or else the claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The exact duration of time differs from state to state however, personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the limit for filing a claim. If you need help in determining whether your case falls under one of these exceptions, then it is best to seek legal advice.
The statute of limitations applies only to lawsuits filed in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. However, it is crucial to give yourself plenty of time to file a lawsuit in the event that negotiations fail to go as planned or there is a problem that cannot be addressed by the insurance system.
Certain circumstances may stop the clock of the statute of limitations, but these instances are extremely rare and need to be evaluated on a case-by-case basis. For example the statute of limitations might not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who 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 first document filed with a personal injury lawsuit is called the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you seek. The complaint also contains a "prayer for relief" that outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant must file an answer to the complaint within a certain time frame, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we gather will also assist us in negotiate with the defense attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that these injuries are worth an amount of money.
It's not an easy process, but it's at the trial that you will finally know if you will get the compensation you deserve. In a trial before a jury 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 unrelated to the accident, which will keep them from having to compensate you for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a court. This is also the time when your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. However, if a party cannot attend in person, they may participate via telephone or on the internet with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended if the court gives permission). Once click this link here now is filed, the case enters what is known as the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
The court must examine a Bill of Particulars before it is able to be followed. In general, a court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff was not negligent. In 1994, the court upheld the motion to strike out references to intentional or willful actions in a medical malpractice case.
In the same way, the court will not permit the introduction of a new doctrine of recovery at a disproportionately late point in the action. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you or your medical history and the particulars of your incident is requested to conduct an exam. However, this kind of examination is actually a requirement under Washington law and could be beneficial in your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to offer a different view of your injuries. Although they are sometimes called "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in cutting down on the amount of compensation that could be granted to a victim who has been injured.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being treated fairly by ensuring that the questions of the doctor do not diverge from those in your medical records. It is crucial to avoid playing with the severity of your injuries to the doctors, since they are trained to recognize dishonesty and may make use of this information against you at trial.