What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of a third party. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can run between a few months and several years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay you compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff while the parties accountable are known as defendants. If someone dies as a result of carelessness or infractions committed by others the wrongful death case are often included in personal injury lawsuits.
The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior.
The first type of damages is usually known as "economic damages." This is the term used to describe 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 expenses, such as the cost of travel to and from appointments or home modifications to accommodate a permanent disability.
You Tube -economic damages can also be described as "pain and suffer" damages. These are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish that an accident can cause. Based on the extent of your injuries, your lawyer will assist you to determine the value of the damages. 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
Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a certain time frame or their claim will be rejected by the courts. This is to stop evidence from being lost or lost and to stop people from dragging incident-related litigation out for an indefinite period.
The exact time frame varies between states, but personal injury claims typically have a two-to four-year limit. However, there are exceptions that may extend the time required for a victim to file their claim and they should seek legal advice for help determining whether or not your case falls under one of these exceptions.
A key aspect of the statute of limitations is that it is only applicable to the filing of an action in a court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. Even so, it is crucial to give yourself plenty of time to pursue legal action just in case insurance negotiations do not go as planned or there is a problem that cannot be resolved through the insurance system.
Certain circumstances can stop the clock of the statute of limitations however these cases are very rare and have to be evaluated on a case-by-case basis. The statute of limitations might not be established until the victim is aware or should have known that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant breached their duty of care and that the breach caused loss and harm to the plaintiff. The defendant is held responsible for these damages.
The first document filed with a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains an "prayer for relief" that describes what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within certain time frames and either accept or deny all allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.
It can be a lengthy procedure, but it's at the trial that you will be able to determine if you get the compensation you deserve. In the trial before jurors your lawyer will argue for the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will stop them from settling your losses.
You must attend a pre-trial conference before proceeding with the trial. This is the first time your case is subject to deadlines set by a judge. This is also when your attorney will discuss the matter with the defense.
A judicial registrar, also known as an official of the court staff typically holds preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can allow them to participate by phone or via the internet. If your case will be 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 - complicated or expedited standard.
Bill of Particulars
After a complaint and summons are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline can be extended if the court gives permission). When the Answer is filed, the case moves into what is called the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details legal 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, to help them prepare for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. In general, the court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded that the plaintiff was not negligent. 1994) the court granted the motion to strike references to willful and intentional actions from a medical malpractice claim.
The court will also not allow a new doctrine to be introduced at any stage in the litigation that is unreasonable late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Exam
You may question why a doctor who isn't familiar with you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. However, this type of exam is actually required under Washington law, and it can be helpful in your case.
IMEs are typically conducted by doctors employed by the insurer of the defendant. Their goal is to provide an alternative view of your injuries. These physicians, who are often referred to as "independent" are able to have their own agendas and financial stakes in reducing the compensation that can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance 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 dishonesty, and could make use of this information in a trial.