What is a Personal Injury Lawsuit?
You may be eligible for compensation if you have been injured due to the actions or inactions of a third party. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can run from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to force another individual or entity to compensate you for damages resulting from an accident. The plaintiff is the victim, and the defendants are accountable. If someone dies as the result of the negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury lawsuits.
A victim's damages are typically divided into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are not common and are intended to punish the offender for committing extreme acts.
The first type of damages is often known as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident or injury. This could include doctor's fees, hospital costs and physical therapy expenses. Some claims may also include additional expenses, such as travel costs to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic damages are often described as "pain and suffering" damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer can help you evaluate these damages based upon the extent of your injury. This may be based on your ability to carry out the things you were previously able to do or your loss in consortium with family.
More methods of Limitations
A legal principle known as the statute of limitations requires that anyone who is injured in an accident file an action before a specific date or the claim will be dismissed. This is done to prevent evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period.
The exact time limit differs from one state another, but the majority of personal injury claims have a limit of two to four years. There are certain exceptions to the time limit for filing claims. If you require assistance determining if your case falls under one of these exceptions, then it is best to seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. Even so, it is important to allow yourself plenty of time to take legal action in the event that insurance negotiations fail to take place as planned or if an issue arises that cannot be easily addressed through the insurance system.
Certain circumstances may stop the statute of limitations clock however these cases are extremely rare and 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 injuries were caused by someone else's negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case brought by an injured person against the person or entity that 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 then held responsible for these damages.
The complaint is the initial document filed in a personal injury case. It contains detailed allegations regarding the incident that led to your injuries, as well as the damages you want. The complaint also includes an "prayer of relief" that outlines what you want the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in your accident and that the injuries are worth the amount of financial compensation.
It can be a lengthy process, but the trial is where you can finally determine whether you'll get the damages you're entitled to. In the trial before the jury your lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a court. This is also when your lawyer will discuss the matter with the defense.
Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. If the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All participants are required to attend in person. If a party is unable to attend in person, the convenor may permit them to participate via telephone or online. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the case moves into the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines legal claims 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 being made, to help them prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. In general, courts will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike the reference to willful or deliberate acts in a medical malpractice case.
The court will also not allow a new doctrine to be added at an point in the action that is unreasonable late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the delay in the amendment.
Physical Exam
You might be wondering why a doctor who doesn't know you, or your medical history and isn't familiar with the specifics of your incident, would be asked to conduct a medical exam. However, this type of examination is actually an obligation under Washington law, and it can be helpful in your case.
IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different perspective on your injuries. Although they are often referred to as "independent," these physicians, just like insurance companies have their own agendas and financial interest in decreasing the amount of compensation that can be given to a victim of injury.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give the 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 consistent with your medical records. It is important to avoid playing up or down the severity of your injuries with the doctors, since they are trained to recognize the deceit and may make use of this information against you at trial.