13 Things About Injury Lawsuit You May Not Have Known
What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have been injured due to the actions or inactions of a third party. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the injured party and the defendants are the parties accountable. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are not common and are designed to punish the wrongdoer if they have committed extreme actions.
This category covers all expenses incurred as a result of the injury or accident. These could include doctor's bills as well as hospital expenses and physical therapy expenses. In certain cases additional expenses, such as the cost of travelling to and from appointments, or modifications to your home to accommodate permanent disabilities could also be included in a claim.
Non-economic damages are commonly referred to as "pain and suffering" damages. These are more difficult to quantify and are a result of the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will help you value these damages based on the severity of your injuries. You Tube might be based on the ability to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members.
Statute of limitations
A legal requirement, known as the statute of limitations, any person who suffers an injury in an accident must file a lawsuit within a specified time or their claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for a long time.
The exact duration of time varies between states, however, personal injury claims typically have a two- to four-year limitation. There are some exceptions to the time limit for filing claims. If you need assistance to determine if your claim is one of these exceptions, it is recommended that you seek legal advice.
A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is still important to give yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance.
Certain circumstances can stop the clock on the statute of limitations however these cases are extremely rare and need to be evaluated on an individual basis. For example, the statute of limitations might not start running until the victim discovers or ought to have realized that their injury was caused by someone else's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. It asserts that the defendant breached their duty of care, and that this breach caused damage and losses for the plaintiff. The defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that led to your injuries and outlines the damages you're seeking. It also includes an "prayer for relief" that outlines what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant has to submit an answer to the complaint within a certain time period, and they may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim or add another 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 collaborate 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 defendant's attorneys or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant caused your accident. You must also prove you were injured in your accident and that your injuries are worthy of financial compensation.
It's a long procedure, but it's at the trial that you will finally know if you will be awarded the compensation you deserve. 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 not related to the accident, which will prevent them from having to reimburse you for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is usually the first time your case will have deadlines set by the Court itself. This is also when your attorney will be discussing the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. All parties must attend the initial conference in person, unless the case is 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 attend via telephone or online. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls into one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the matter moves into what is called the discovery phase. During this stage both parties exchange information via written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. 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 being made, to help them prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect 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 where the court concluded that the plaintiff was not negligent. In 1994, the court upheld a motion to strike any references to willful or intentional actions in a medical malpractice case.
The court will also not allow a new theory to be added at an stage in the litigation that is unreasonable late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the lateness of the amendment.
Physical Exam
If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question why a doctor who does not know you, your medical history, and the details of your injury is asked to conduct an exam. This type of examination, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to offer an alternative view of your injuries. These doctors, who are sometimes referred to as "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation that is awarded to injured victims.
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 copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may use this information at trial.