What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have been injured due to the actions or inactions of someone else. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can last between a few months and several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are the parties responsible. Personal injury cases may include cases of wrongful death when someone dies due to negligence or wrongdoing of others.
The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are not common, are meant to punish the wrongdoer when they have committed a number of extreme crimes.
This category includes all expenses that result from the injury or accident. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Some claims may also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic damage can also be called "pain and suffer" damages. These damages are more difficult to quantify, and include the emotional distress and mental anguish caused by accidents. Your lawyer can help you evaluate these damages based upon the extent of your injury. This might be based on the ability to continue enjoying the activities you used to do or your loss of consortium with family members.
Statute of Limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file an action before a specific date or else their claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from carrying out litigation relating to incidents for an indefinite period.
The exact duration of the time limit differs from one state another, but most personal injury lawsuits have a time limit of two to four years. However there are exceptions that could extend the time a victim has to make a claim, and they should seek legal advice for help to determine whether or not their case falls into one of the exceptions.
The statute of limitations applies only to lawsuits filed in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is still essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs that cannot be resolved with insurance.
A few circumstances can pause the clock on the statute of limitations however these cases are very rare and have to be analyzed on an individual case-by-case basis. For example the statute of limitations might not begin to run until the victim discovers or should have reasonably discovered that their injury was caused by a negligent actions. In certain states, like 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 violated their duty of care, and that this breach resulted in damage and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that caused your injuries and outlines the damages you are seeking. The complaint also includes an "prayer of relief" which describes what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant is required to respond to the complaint within a specific time period, and they must either accept or deny the allegations 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 is based on solid evidence, such as medical documents and witness testimony. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that these injuries are worth financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll find out if you get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. special info will stop them from paying you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a court. It is also the time where your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. If the case is handled by the New York's Differentiated Case Management Rule, or otherwise 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 attend via telephone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories - advanced standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline may be extended with the court's permission). After the Answer is filed, the case moves into what is called the discovery phase. During this stage, both parties exchange information through written demands for discovery and depositions.
After the discovery process is concluded 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 that are made so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff was not negligent. 1994), the court sustained 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 point in the action that is unreasonable late. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this 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 details of your accident, would be required to conduct a medical examination. This type of examination, which is required by Washington law, can be beneficial to your case.
IMEs are typically conducted by doctors hired by the defendant’s insurance company. They are there to provide an alternative view of your injuries. These doctors, sometimes referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide the complete set of medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is crucial to not play up or down the severity of your injuries with the doctors, since they are trained to recognize fraud and could use this information against you in trial.