11 Strategies To Refresh Your Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are accountable. Personal injury cases may include cases of wrongful death when someone dies because of the negligence or wrongdoing of others.
Damages are usually classified into two categories: 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, which are not common and are intended to punish the offender for committing extreme acts.
This category covers all costs caused by the accident or injury. This could include doctor's fees, hospital costs and physical therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments, or home modifications to accommodate a disability that is permanent.
Non-economic losses are often described as "pain and suffering" damages. These damages are more difficult to quantify and include the emotional distress and mental stress caused by accidents. Based on the extent of your injuries, your lawyer will help you place a value on these damages. This could be based on the ability to participate in activities that you used to do or the loss of your relationship with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a certain time frame or else their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten, and to prevent people from dragging out incident-related litigation indefinitely.
The exact duration of the time limit differs from one state another, but most personal injury claims have a time limit of between two and four years. There are some exceptions to the time to file a claim. If you require assistance in determining whether your case falls under one of these exceptions, then it is best to seek legal advice.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is important to give yourself enough time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs that is not resolved by insurance.
Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be assessed on a case-by case basis. For example the statute of limitations may not begin to run until a victim has discovered or should have reasonably discovered that their injuries were caused by another person's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. It claims that the defendant breached the duty of care, that the breach caused harm and loss to the plaintiff and that the defendant is liable for those damages.
accident injury law firms is the first document that you file in a personal injury case. It contains detailed allegations regarding the incident that led to your injuries, as well as the damages you seek. The complaint also includes the "prayer of relief" which outlines what you want the court to do. The complaint and summons must be handed over to the defendant.
After the complaint is filed, the defendant is required to file an answer to the complaint within a certain time period, and they may either deny or admit the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit depends on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part 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 the amount of financial compensation.
It's not an easy process, but it's at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also when your attorney will discuss the matter with the defense.
A judicial registrar, or an individual of the court staff usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor can permit them to participate via phone or via the internet. If your case is to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three categories - expedited, standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives approval). After the Answer is filed, the matter moves into what is called the discovery phase. During this phase, both parties exchange information via written demands for discovery and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines legal claims 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 that are made so that they can prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, a court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to willful and intentional acts from a medical negligence claim.
The court will not allow a new doctrine to be added at a stage in the litigation that is unreasonablely late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the lateness of the amendment.
Physical Exam
It is possible to ask the reason why a doctor, who doesn't know you, or your medical history and is unfamiliar with the details of your incident, would be asked to conduct a medical exam. This type of examination is required under Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. Although they are often called "independent," these physicians - just like the insurance companies have their own agendas and financial interest in reducing the amount of compensation that may be awarded to an injured victim.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide a copy of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may make use of this information in a trial.
