13 Things You Should Know About Injury Lawsuit That You Might Not Have Known
What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be able to recover compensation. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, which include medical bills, lost wages, property damage and other expenses. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are the parties accountable. When someone dies as a result of inattention or negligence of others In wrongful deaths, the case may be part of personal injury claims.
Damages are typically classified into two categories: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are rare and designed to punish the offender for extreme behavior.
This category covers all costs incurred as a result of the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy costs. In certain cases additional expenses, such as the cost of traveling to and from appointments or modifications made to your home to accommodate permanent disabilities may be included in an insurance claim.
Non-economic losses are often referred to as "pain and suffering" damages. These are more difficult to quantify and include the emotional distress, mental anguish and suffering caused by accidents. Your lawyer will help you determine the value of these damages based on the extent of your injury. This could be based on the ability to do things you were previously able to do or your loss of consortium with your family.
Statute of limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident should file a lawsuit before a certain date or else the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time limit of between two and four years. However there are exceptions that may prolong the time that a victim must submit their claim. They should seek legal advice for help to determine whether or not their case falls within one of the exceptions.
The statute of limitations is only applicable to lawsuits filed in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's important to allow yourself enough time to pursue legal action just in case insurance negotiations do not go as planned or an issue arises that cannot be resolved through the insurance system.
Certain circumstances may stop the clock of the statute of limitations however, these situations are very rare and have to be considered on a case-by-case basis. For instance, the statute of limitations may not begin to run until a victim has discovered or reasonably should have discovered that their injuries were caused by another person's negligence, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It alleges that the defendant violated a duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that caused your injuries and outlines the damages you seek. The complaint also includes a "prayer of relief" which describes what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant has to respond to the complaint within a specific time frame, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical documents 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 can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It can be a lengthy process, but the trial is where you can finally determine whether you'll be awarded the damages you deserve. In a jury trial, your lawyer will argue that the defendant is liable and is required to compensate you for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will stop them from paying you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case has deadlines set by a court. It is also the time when your lawyer will discuss the case with the defense.
A judicial registrar, or a member of the court staff typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to permit them to participate via telephone or online. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). Once the Answer has been filed, the case moves into what is called the discovery phase. In this phase the parties exchange information through written demands for discovery and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details legal claims and the relief sought - usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they can prepare effectively for trial.
Before a Bill of Particulars can be followed, it has to be scrutinized by the court. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike references to willful and intentional actions from a medical malpractice claim.
Similarly, the court will not allow introduction of a new doctrine of recovery at an unreasonably late stage in the litigation. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment.
Physical Exam
If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the specifics of your incident is requested to conduct an exam. However, this kind of examination is actually a requirement under Washington law, and it can be helpful in your case.
Typically, accident injury lawyers are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer a different view of your injuries. These physicians, who are often referred to as "independent", have their own goals and financial interests in reducing the amount of compensation that is given to victims of injuries.
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 the 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 with the extent of your injuries with the doctors, since they are trained to recognize fraud and could utilize this information against you at trial.