11 Ways To Fully Defy Your 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 a third party. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, which include medical bills, lost wages, property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are responsible. Personal injury cases can include the wrongful death of a person who dies due to negligence or wrongdoing of others.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer when they have committed a number of extreme actions.
The first type of damages is often referred to as "economic damages." This includes any out-of-pocket costs resulting from the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic losses are often described as "pain and suffering" damages. They are more difficult to quantify and involve the emotional distress, mental suffering and anguish that accidents can cause. Your lawyer will assist you to value these damages based on the severity of your injuries. This may be based on your ability to do activities you used to or your loss of a relationship with family.
Statute of Limitations
A legal requirement known as the statute of limitations obliges anyone injured in an accident must file an action before a specific date or the claim will be dismissed. This is to protect evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The time frame for filing a claim is different from one state to another, but the majority of personal injury claims have a time limit of between two and four years. There are certain exceptions to the period for filing an injury claim. If you need assistance in determining whether your case is one of these exceptions, then it is recommended to seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of an action in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. However, it is important to leave yourself enough time to take legal action in the event that insurance negotiations do not follow the plan or an issue arises that can't be addressed by the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by-case basis. The statute of limitations might not begin until the victim discovers or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It claims that the defendant breached their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is held accountable for the losses.
The first document filed with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that caused your injuries and outlines the damages you are seeking. The complaint also contains a "prayer of relief" which describes what you would like the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must submit an answer to the complaint within a certain time frame, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to gather all relevant information and include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation.
This can be a long process however, the trial is where you can finally determine whether you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses.
Before Port St. Lucie injury lawyers can proceed to trial, you must attend a preliminary conference. This is usually the first time your case will have deadlines that are set by the Court itself. It is also the time that your attorney will discuss the case with the defense.
A judicial registrar, or an official from the court staff, typically conducts preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person, they can take part via phone or online with the approval of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three categories - expedited, standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the case is moved to what is known as the discovery phase. During this phase, both parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. The document details 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 made, to help them prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally, the court will only abide by a Bill of Particulars that is not overbroad or vague. 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.
Similarly, the court will not allow the introduction of a new theory of recovery at an unreasonably late stage in the case. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.
Physical Examination
You might be wondering why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your incident, would be required to conduct a medical exam. This type of examination, which is required by Washington law, can be beneficial to your case.
IMEs are usually conducted by doctors hired by the insurer of the defendant. Their aim is to offer a different perspective on your injuries. Although they are often described as "independent," these physicians as well as insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that may be granted to a victim who has been injured.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is essential to avoid playing up or down the severity of your injuries with the doctors, since they are trained to recognize fraud and could use this information against you in trial.