10 Quick Tips For Injury Lawsuit
What is a Personal Injury Lawsuit?
You may be entitled to compensation if were injured as a result of the actions or inactions of someone else. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, such as medical expenses, lost wages, damages to property and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to compel another person, or entity, to pay you for the damages that result from an accident. The plaintiff is the one who was injured, and the defendants are the ones responsible. Personal injury cases can also include the wrongful death of a person who dies because of the inattention or negligence of others.
The damages of a victim are typically broken down into two groups which 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 designed to punish the offender for extreme behavior.
This category covers all expenses caused by the injury or accident. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Certain claims could also include additional costs, like travel costs to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish caused by accidents. Depending on the severity of your injuries your lawyer will assist you to place a value on the damages. It could be based on your ability to participate in activities that 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 limitation requires that anyone who is injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to safeguard 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 the time limit is different from one state to another, but the majority of personal injury claims have a time frame of between two and four years. There are some exceptions to the time period for filing a claim. If you need assistance in determining whether your case falls under one of these exceptions, it is recommended to seek legal advice.
One of the most important aspects of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is still important to allow yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned, or if there is a problem that cannot be resolved with insurance.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case by case basis. The statute of limitations may not begin until the victim 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 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. The plaintiff claims that the defendant violated a duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.
The first document you file with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you seek. It also contains an "prayer for relief" which outlines what you would like the court to do. The summons and complaint should 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 will either admit or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we have will also assist us in negotiate with the defendants' attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove you suffered injuries in your accident and that your injuries are worth an amount of money.
This could be a long process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In the trial before a jury, your lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is often the first time your case will have deadlines established by the Court itself. This is also the time where your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If a party is not able to attend in person, the convenor is able to permit them to attend via phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls under one of the three classifications - expedited, standard or complex.
Joliet injury lawsuits of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case enters what is known as the discovery phase. In this stage, both parties exchange information via written demands for discovery and depositions.
At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines legal claims and 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 made, to help them prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add 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 references to intentional or willful actions in a medical malpractice case.
The court will not allow introduction of a new doctrine of recovery at an unreasonable late point in the action. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the lateness of the amendment.
Physical Exam
If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you and your medical history and the particulars of your injury is asked to conduct an exam. But, this type of exam is actually required under Washington law, and it can be helpful to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to provide a different view of your injuries. These physicians, who are sometimes called "independent" and have their own agendas and financial stakes in reducing the compensation that is given to victims of injuries.
If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide copies of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot dishonesty, and could utilize this information in court.