What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be able to recover compensation. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, including medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of the inattention or negligence of others the wrongful death case are often included in personal injury lawsuits.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical bills and compensation for pain and suffering. Punitive damages are uncommon and are intended to penalize the offender for extreme behavior.
This category includes all expenses incurred as a result of the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic losses are often referred to as "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering caused by accidents. Based on the severity of your injuries, your lawyer will help you estimate the value of these damages. It could be based on the ability to participate in activities that you used to do or your loss of connection with family members.
Statute of Limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident file an action within a specified date or else their claim will be dismissed. This is done to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out for a long time.
The exact time frame differs between states, but personal injury claims typically have a two- to four-year limitation. However, there are exceptions that may extend the time required for a victim to submit their claim. They should seek legal advice for help to determine whether or not your case falls under one of the exceptions.
One of the main facets of the statute of limitations is that it only applies to the filing of an action 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 in the event that negotiations fail to go as planned or there is a problem that cannot be addressed by the insurance system.
Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be assessed on a case-by-case basis. For example, the statute of limitations may not start running until a victim has discovered or ought to have realized that their injuries were caused by someone else's negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant breached their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is then held accountable for the losses.
The complaint is the first document that is filed in a personal injury case. It provides detailed details concerning the incident that led to your injuries, and the damages you want. It also contains an "prayer for relief" which outlines what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant has to respond to the complaint within a specific timeframe, and will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to 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.
This can be a long process however, the trial is where you will be able to determine if you'll receive the compensation you're entitled to. In the trial before a jury, your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from paying you for your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is often the first time that your case will be subject to deadlines established by the Court itself. This is also the time that your attorney 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 handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to attend in person. If, however, a person cannot attend in person, they can participate via phone or internet with the approval of the convenor. If Everett injury lawsuit is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within 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 be given between twenty and thirty days (although this time frame is able to be extended by the court). After the Answer is filed, the case is moved into the discovery phase. During this stage both parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. This document provides the legal claims that are being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can prepare effectively for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being 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 ruled that the plaintiff was not negligent. 1994) the court granted the motion to strike references to willful and intentional acts from a medical malpractice claim.
The court will also not permit a new theory to be introduced at an stage in the litigation that is unreasonable late. To avoid causing prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment.
Physical Examination
It is possible to ask 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 examination. This type of exam is required under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer an alternative perspective on your injuries. Although they are sometimes referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial motives in reducing the amount of compensation that may be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give a copy to the doctor of the relevant medical records. Your lawyer will also be present at the IME and will make sure 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 crucial to not play with the severity of your injuries to these doctors, as they are trained to spot the deceit and may utilize this information against you at trial.