What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have been injured due to the actions or inactions of another person. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal action that is used to force another individual or entity to compensate you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are accountable. Personal injury cases can also include cases of wrongful death when someone dies because of the negligence or wrongdoing of others.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs such as medical bills and compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the wrongdoer for committing extreme actions.
This category covers all costs that result from the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. In some cases additional expenses, such as the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities could also be included in a claim.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These damages are harder to quantify, and include the emotional stress and mental stress that accidents can cause. Based on the severity of your injuries your lawyer can help you determine the value of these damages. This may be based on your ability to do activities you used to or your loss of a relationship with family.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must bring a lawsuit within a specified time or their claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out indefinitely.
The exact length of time for filing a claim is different from state to state, however personal injury claims generally have a two- to four-year limit. However, there are exceptions that may extend the amount of time that a victim must make a claim, and they should seek legal advice when to determine if your case falls under one of these exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be considered on a case-by-case basis. The statute of limitation may not start until the person is aware or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. It claims that the defendant violated the duty of care, that the breach caused harm and loss to the plaintiff and that the defendant is accountable for the damages.
The complaint is the initial document filed in a personal injury case. It provides detailed details regarding the incident that caused your injuries, as well as the damages you seek. The complaint also includes a "prayer of relief" that outlines what you would like the court to do. The summons and complaint must be delivered to the defendant.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a specified time frame, and may either deny or admit the allegations in the complaint. The defendant can 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 collected and included in the case. The evidence we gather can also assist us to negotiate with defense attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
It's not an easy procedure, but it's at the trial that you will finally know if you will be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent them from paying 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 lawyer will discuss the case with the defense.
A judicial registrar, or a member of the court staff typically conducts preliminary conferences. Unless the case is being handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to be present in person. If a party is unable to attend in person, they may participate via telephone or on the internet, with the consent of the convenor. If You Tube is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three categories that are expedited, standard, or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this time frame can be extended with the court's approval). After the Answer is filed, the case enters what is known as the discovery phase. During this time both sides exchange information in the form of written demand for discovery 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 sought - usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, the court will only abide by the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim.
In the same way, the court will not allow the introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an acceptable explanation for the delay in the amendment.
Physical Examination
You may question 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. But, this type of examination is actually a requirement under Washington law, and can be helpful in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to offer a different view of your injuries. These doctors, who are often 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.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is essential to not play with the extent of your injuries with these doctors, as they are trained to spot fraud and could use this information against you in trial.