10 Tell-Tale Signals You Need To Get A New Injury Lawsuit
What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay you compensation for the damages resulting from an accident. The injured party is known as the plaintiff while the parties accountable are known as defendants. If someone dies as a result of the negligence or wrongdoing by others, wrongful death cases may be part of personal injury claims.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are designed to punish the wrongdoer if they have committed extreme crimes.
This category covers all costs caused by 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 traveling to and from appointments or modifications to your home due to permanent disabilities may also be included in the claim.
Non-economic damages are also called "pain and suffer" damages. These are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer can help you determine the value of these damages based on the severity of your injuries. YouTube could be based on the capacity to perform the things you did before or your loss in consortium with your family.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who is injured in an accident must make a claim within a certain time frame or their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period.
The exact length of time for filing a claim differs from state to state but personal injury claims typically have a two- to four-year limitation. However there are exceptions that could extend the time a victim has to make a claim, and they should seek legal advice for assistance in determining whether or not their case falls into one of these exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of an action 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 nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem that cannot be resolved with insurance.
Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by-case basis. For example the statute of limitations might not start to run until a victim discovered or should have reasonably discovered that their injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity that caused the injury. It asserts that the defendant violated their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is held accountable for the losses.
The complaint is the first document filed in a personal injury case. It includes specific allegations regarding the incident that led to your injuries and the damages you seek. The complaint also includes a "prayer of relief" which describes what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within specific time limits and either admit or deny the allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.
It's a long process, but it is at the trial that you will find out if you receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will stop them from settling your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is typically the first time your case will have deadlines set by the Court itself. It is also the time where your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial register or a member of the court's staff. All participants must attend the preliminary conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person they are able to take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories - advanced standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame is able to be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document outlines the legal claims being made and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they can effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. In general, the court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical negligence case.
In the same way, the court will not allow addition of a new theory of recovery at an unreasonable late stage in the case. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the lateness of this amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you take part in 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 examination is actually required under Washington law, and can be helpful to your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to provide an alternative perspective on your injuries. Although they are often referred to as "independent," these physicians - just like the insurance companies have their own agendas and financial interest in cutting down on 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 an IME doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could use this information at trial.