10 Injury Lawsuit Meetups You Should Attend
What is a Personal Injury Lawsuit?
You could be entitled to compensation if you were injured as a result of the actions or inactions of another person. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal process that is used to compel another person, or entity, to pay you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are the parties accountable. If someone dies as the result of the inattention or negligence of others In wrongful deaths, the case can be included in personal injury claims.
A victim's damages are typically broken down into two groups: compensatory and punitive. 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 very rare and are designed to punish the offender for committing extreme actions.
The first type of damages is often called "economic damages." This covers all out-of-pocket expenses associated with the accident and injuries. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In certain cases, additional expenses like the cost of travelling to and from appointments or changes to your home due to permanent disabilities could also be included in an insurance claim.
Non-economic damages are commonly described as "pain and suffering" damages. These damages are more difficult to quantify, and include the emotional stress and mental anguish that an accident can cause. Depending on the severity of your injuries, your lawyer will assist you to determine the value of the damages. This could be based on your capacity to continue enjoying the activities you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
A legal principle known as the statute of limitations stipulates that anyone injured in an accident must file a lawsuit before a certain date or else their claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.
The exact duration of time varies from state to state, however, personal injury claims typically have a two- to four-year limitation. However there are exceptions that can extend the time required for a victim to file their claim and they should seek legal advice for assistance in to determine whether or not their case falls within one of the exceptions.
One of the most important aspects of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. But, it's important to leave yourself enough time to take legal action in the event that negotiations don't go as planned or there is a problem that cannot be addressed by the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but these instances are rare and generally need to be considered on a case-by-case basis. The statute of limitations may not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In certain states, like New York, it is different 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 breached a duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages.
The complaint is the initial document that is filed in a personal injury case. It contains detailed allegations about the incident that caused your injuries and the damages you seek. accident and injury lawyers includes a "prayer of relief" which describes what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence such as medical records and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove you were injured in your accident and that your injuries are worth an amount of money.
It's not an easy procedure, but it's at the trial that you'll finally know if you will receive the damages you deserve. In the trial before a jury, your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. 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.
You must attend a pre-trial meeting before you can proceed with the trial. This is the first time that your case has deadlines set by a judge. This is also when your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. All participants must attend the preliminary conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, they are able to participate via phone or internet, with the consent of the convenor. 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 into one of three categories namely advanced standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe is able to be extended by the court). Once the Answer is filed, the case is moved to what is called the discovery phase. In this stage both parties exchange information via written discovery demands and depositions.
The plaintiff's lawyer prepares a 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 meant to inform the defendant of the specific legal claims made, to help them prepare for trial.
The court must examine a Bill of Particulars before it is allowed to be enforced. Generally, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to intentional and willful acts from a medical negligence claim.
Similarly, the court will not allow the addition of a new theory of recovery at an unreasonable late point in the action. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the lateness of the amendment.
Physical Examination
It is possible to ask the reason 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. But, this type of exam is actually an obligation under Washington law, and can be helpful to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. They are there to provide an alternative view of your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial interest in reducing the amount of compensation that can be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the 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. 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.