What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you could be eligible for compensation. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action 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 damage caused by an accident. The plaintiff is the injured party, and the defendants are the ones responsible. When someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury lawsuits.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages are uncommon and designed to punish the wrongdoer for extreme conduct.
The first category of damages is typically referred to as "economic damages." This includes any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic losses are often referred to as "pain and suffering" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Depending on the extent of your injuries, your lawyer will assist you to place a value on the damages. This may be based on your ability to do things you did before or your loss of a relationship with your family.
Statute of Limitations
A legal principle known as the statute of limitations stipulates that anyone injured in an accident should file an action within a specified date or the claim will be dismissed. This is done to prevent evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely.
The exact duration of time differs from state to state, however, personal injury claims typically have a two-to four-year time limit. However, there are exceptions that can prolong the time a victim has to submit their claim. They should seek legal advice for help to determine if their case falls into one of these exceptions.
The statute of limitations only applies to lawsuits filed in the court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is nevertheless important to give yourself enough time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises which cannot be resolved through insurance.
Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be assessed on a case by case basis. For instance, the statute of limitations may not start running until the victim discovers or should have reasonably discovered that their injuries were caused by another person's negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It asserts that the defendant breached their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed in a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. It also includes an "prayer for relief" that outlines what you want the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within a set of time limits and either admit or deny all the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have can also assist us to negotiate with the defense attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. injury accident lawyers must also prove you were injured in your accident and that these injuries are worthy of the amount of financial compensation.
It's a long process, but it's at the trial that you'll find out if you receive the damages you are entitled to. In the case of a trial before jurors, your lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will argue that their actions are not related to the accident, which will prevent them from having to compensate you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a court. It is also the time that your attorney will discuss the case with the defense.
A judicial registrar, or a member of the court staff typically holds preliminary conferences. Unless the case is handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to be present in person. If a party is unable to attend in person, the convenor can permit them to participate via telephone or online. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories namely advanced standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended with the court's permission). After the Answer is filed, the case enters what is called the discovery phase. In this phase, both sides exchange information in the form of written demand for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details 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 being made, to help them prepare for trial.
The court must examine a Bill of Particulars before it is allowed to be enforced. In general, a court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add 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. 1994) The court ruled in favor of the motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will also not permit a new theory to be introduced at a stage in the litigation that is unreasonably late. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of 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 accident, would be asked to conduct a medical exam. However, this type of exam is actually a requirement under Washington law, and it can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to offer a different perspective to your injuries. These doctors, sometimes referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraudulent behavior, and can use this information at trial.