What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal process which is filed to force another individual or entity to pay you compensation for damages caused by an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury claims.
Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages, which are not common and are designed to punish the offender when they have committed a number of extreme acts.
The first category of damages is typically known as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. These may include hospital expenses as well as doctor's fees and therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic losses are often called "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. Your lawyer will help you evaluate these damages based upon the extent of your injury. This might be based on your capacity to enjoy activities you used to do or your loss of consortium with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, anyone who is injured in an accident must file a lawsuit within a certain time frame or their claim will be rejected by the courts. This is done to stop evidence from being lost or lost, and to prevent people from dragging incident-related litigation out for an indefinite period.
The exact time frame differs between states, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the to file an injury claim. If you need assistance to determine if your claim is one of these exceptions, then it is best to seek legal advice.
A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. But, it's crucial to give yourself plenty of time to take legal action just in case insurance negotiations do not take place as planned or if an issue arises that cannot be addressed by the insurance system.
A few circumstances can pause the clock of the statute of limitations however these cases are rare and generally need to be evaluated on an individual case-by-case basis. For example the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injury was caused by a 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 a civil action filed by an injured party against the person or entity that 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 held responsible for these damages.
The first document filed with a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also includes the "prayer of relief" which describes what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific time frame, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we collect will also assist us in negotiate with defense attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll be able to determine if you be awarded the compensation you are entitled to. In a trial before a jury your lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to pay you for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is usually the first time your case will be subject to deadlines established by the Court itself. This is also the time when your attorney will be discussing the issue with the defense.
A judicial registrar, or a member from the court staff, usually conducts preliminary conferences. Unless the case is handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to attend in person. However, if a party is unable to attend in person they can take part via phone or online with the permission 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: advanced standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). After the Answer is filed, the case is moved into the discovery phase. In this phase both sides exchange information in the form of written demand for discovery and depositions.
additional reading for the plaintiff prepares the Bill of Particulars at the end of discovery. This document provides the legal claims being made as well as 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.
The court must look over the Bill of Particulars before it is allowed to be enforced. 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 contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff had not been negligent. 1994) the court granted a motion to strike all references to willful and intentional acts from a medical malpractice claim.
In the same way, the court will not permit the introduction of a new theory of recovery at an unreasonable late stage in the litigation. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit that provides a reasonable excuse for the lateness of the amendment.
Physical Examination
You might be wondering why a doctor, who isn't familiar with you or your medical history and isn't familiar with the details of your accident, would be required to conduct a medical exam. This type of exam is required by Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors hired by the insurer of the defendant. Their aim is to offer a different perspective on your injuries. Although they are sometimes called "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that can be awarded to an injured victim.
If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide copies of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can use this information at trial.