12 Companies Are Leading The Way In Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you could be entitled to compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. If someone dies as the result of carelessness or infractions committed by others, wrongful death cases can be included in personal injury lawsuits.
The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages, which are very rare and are intended to punish the perpetrator for committing extreme actions.
The first type of damages is usually known as "economic damages." This covers any out-of-pocket costs resulting from the accident and injuries. These could include doctor's bills, hospital costs and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments or modifications to your home to accommodate a disability that is permanent.
Non-economic damages are commonly referred to as "pain and suffering" damages. These damages are harder to quantify, and they comprise the emotional distress and mental stress caused by accidents. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This might be based on your capacity to enjoy activities you previously enjoyed or your loss of consortium with family members.
Statute of Limitations
A legal requirement known as the statute of limitation stipulates that anyone injured in an accident must file an action before a specific date or the claim will be dismissed. This is to prevent 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 differs from one state another, but the majority of personal injury lawsuits have a time limit of between two and four years. There are certain exceptions to the time period for filing claims. If you need assistance in determining whether your case is one of these exceptions, then it is recommended to seek legal advice.
A key aspect of the statute of limitations is that it applies only 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. However, it is important to allow yourself plenty of time to file a lawsuit in the event that insurance negotiations fail to take place as planned or if an issue arises that cannot be resolved through the insurance system.
A few circumstances can pause the statute of limitations clock however these cases are rare and generally need to be evaluated on an individual case-by-case basis. For instance the statute of limitations might not begin to run until the victim discovers or ought to have realized that their injury was caused by someone else'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 a civil suit filed by an injured party against the person or entity who caused the injury. It asserts that the defendant violated their duty of care and that the breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also lists the damages you seek. It also contains a "prayer for relief" which outlines what you would like the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant is required to respond to the complaint within a certain timeframe, and will either admit 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 built on solid evidence, such as medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the most favorable settlement offer.
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 in your accident and that your injuries are worth an amount of money.
It can be a lengthy process, but it's at the trial that you'll finally know if you will receive the damages you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will provide evidence that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is usually the first time your case will have deadlines that are set by the Court itself. This is also the time that your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. If the case is handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. If, however, a person is unable to attend in person, they may take part via phone or online with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls within one of the three categories which are expedited, standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). After the Answer is filed, the case is moved into what is called the discovery phase. In this stage both parties exchange information via written discovery demands and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document is a legal declaration of 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.
The court must look over the Bill of Particulars before it is able to be followed. 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 acts of negligence being claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical negligence case.
The court will also not allow a new doctrine to be added at any point in the case that is unreasonably late. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment.
Physical Examination
You might be wondering the reason why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your accident, should be required to conduct a medical examination. This type of examination, which is required by Washington law, can be beneficial to your case.
IMEs are typically 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 called "independent," these physicians, just like insurance companies - have their own agenda and financial interest in reducing the amount of compensation that can be given to a victim of injury.
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 relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is essential to avoid playing up or down the severity of your injuries to these doctors, as they are trained to spot fraud and could make use of this information against you in trial.