What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of another person. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, which include medical expenses, lost wages, property damage, and other costs. The process can take anywhere from several months to a few 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 accountable. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases are often included in personal injury lawsuits.
A victim's damages are typically divided into two categories that are punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct.
This category includes all expenses incurred as a result of the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases additional expenses, such as the cost of traveling to and from appointments, or modifications made to your home to accommodate permanent disabilities may also be included in an insurance claim.
Non-economic losses are often described as "pain and suffering" damages. These are more difficult to quantify and include the emotional distress, mental anguish and suffering that an accident can cause. Your lawyer will help you evaluate these damages based upon the severity of your injury. This could be based on your capacity to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members.
Statute of limitations
A legal requirement known as the statute of limitations requires that anyone who is injured in an accident file an action before a specific date or the claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from carrying out incident-related litigation indefinitely.
The exact time limit differs from one state another, but most personal injury claims have a limit of between two and four years. There are some exceptions to the time period for filing claims. If you need help in determining whether your case falls under one of these exceptions, it is best to seek legal advice.
The statute of limitations only applies to lawsuits that are filed in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. Even so, it is important to allow yourself plenty of time to pursue legal action in the event that negotiations do not go as planned or an issue arises 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. The statute of limitation may not be established until the victim discovers 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 against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. It claims that the defendant breached a duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the losses.
The complaint is the primary document filed in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries and the damages you are seeking. It also contains the "prayer for relief" that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within a set of time frames and either accept or deny all 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 is built on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we collect will also assist us in negotiate with the defense attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It can be a lengthy procedure, but it's at the trial that you will finally know if you will receive the damages you deserve. In a jury trial your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to reimburse you for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is often the first time that your case will be subject to deadlines that are set by the Court itself. It is also the time that your attorney will discuss the case with the defense.
A judicial registrar, or an official of the court's staff, typically holds preliminary conferences. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. If, however, a person cannot attend in person, they are able to take part via phone or online, with the consent of the convenor. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls into one of the three classifications - expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to respond (although this deadline may be extended with the court's approval). After the Answer has been filed, the matter moves into what is called the discovery phase. In this phase the parties exchange information via written demands for discovery and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims being made as well as the relief sought - usually an award of money damages. 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 review the Bill of Particulars before it is able to be followed. In general, the court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court found that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to willful and intentional acts from a medical negligence claim.
The court will not allow a new doctrine to be added at any point in the case that is unreasonable late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Examination
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 asked to conduct a medical exam. This type of exam is required by Washington law, can be beneficial to your case.
IMEs are typically conducted by doctors hired by the insurance company of the defendant. best accident injury lawyers is to offer a different perspective on your injuries. These doctors, sometimes called "independent" are able to have their own agendas and financial interests in reducing the compensation that can be paid to victims.
If you decide to undergo 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 and provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. It is crucial to avoid playing up or down the severity of your injuries with these doctors, as they are trained to recognize fraud and could utilize this information against you at trial.