A Vibrant Rant About Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you could be entitled to compensation. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can run from a few months to several years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are accountable. If someone dies as a result of inattention or negligence of others, wrongful death cases are often included in personal injury lawsuits.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct.
This category includes all expenses incurred as a result of the injury or accident. These might include doctor's bills, hospital costs and physical therapy expenses. Some claims could also cover additional costs, like travel 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. They are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer will help you value these damages based on the severity of your injury. This could be based on your capacity to participate in activities that you were previously able to enjoy or the loss of your relationship with family members.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must make a claim within a certain time frame or else their claim will be dismissed by the courts. This is done to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for a long time.
The exact time limit differs from one state another, but most personal injury claims have a time limit of two to four years. There are certain exceptions to the to file a claim. If you require assistance determining if your case is one of these exceptions, it is best to seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations however these cases are rare and generally need to be considered on an individual basis. The statute of limitations might not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It asserts that the defendant violated their duty of care and that the breach caused loss and harm to the plaintiff. The defendant is accountable for the damages.
The first document you file with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that led to your injuries and outlines the damages you're seeking. The complaint also contains an "prayer of relief" which describes what you would like the court to do. The complaint and summons must be given to the defendant.
After the complaint is filed, the defendant must file an answer to the complaint within a certain timeframe, and must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence we have will also help us to negotiate with defendants' lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you were injured in your accident and that your injuries are worthy of financial compensation.
This could be a long process, but the trial is where you can finally determine whether you'll receive the compensation you're entitled to. In the case of a trial before jurors the lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to reimburse 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 judge. It is also the time where your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual of the court's staff, typically holds preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to allow them to participate by telephone or online. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to submit an Answer (although this deadline can be extended with the court's approval). Once the Answer has been filed, the case moves into what is called the discovery phase. In this phase the parties exchange information via written discovery demands and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is intended to inform the defendant 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 abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical negligence case.
The court will not allow a new theory to be introduced at an stage in the litigation that is unreasonable late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment.
Physical Exam
When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason a doctor who may not know you, your medical history, and the specifics of your injury is required to conduct an examination. But, this type of exam is actually an obligation under Washington law and could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer an alternative perspective to your injuries. These doctors, sometimes referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation that can be given to victims of injuries.
accident and injury lawyers will make sure you know what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can use this information at trial.