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What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can last from a few months to several 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 victim and the defendants are the ones accountable. Personal injury cases can also include the wrongful death of a person who 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. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages, which are not common and are designed to punish the wrongdoer if they have committed extreme acts.
This category includes all expenses incurred as a result of the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In some instances, additional expenses like the cost of travel to and from appointments or modifications to your home to accommodate permanent disabilities may be included in a claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are more difficult to quantify and include the emotional distress and mental stress that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to place a value on the damages. This could be based on the capacity to perform the things you were previously able to do or your loss of consortium with your family.
Statute of Limitations
A legal requirement, known as the statute of limitations, any person who is injured in an accident must make a claim within a certain time frame or their claim will be rejected by the courts. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period.
The exact length of time for filing a claim differs from state to state, however, personal injury claims typically have a two- to four-year limit. However there are exceptions that can extend the time required for a victim to file their claim and they should seek legal advice when determining whether or not their case falls within one of these exceptions.
One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. But, it's crucial to give yourself plenty of time to file a lawsuit in the event that insurance negotiations do not take place as planned or if there is a problem that cannot be addressed by the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are not common 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 discovered or reasonably should have discovered that their injuries were caused by another person's negligent actions. In certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It claims that the defendant breached a duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages.
The first document you file with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that caused your injuries and outlines the damages you seek. The complaint also contains an "prayer for relief" that outlines what you want 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.
The defendant must respond to the complaint within a set of time limits and either admit or deny all the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different 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 gather all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement possible.
In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worthy of the amount of financial compensation.
This can be a long process, but the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is usually the first time that your case will be subject to deadlines established by the Court itself. This is also the time where 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. All participants must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor can allow them to participate by telephone or online. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify 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, defendants named in the lawsuit will be given twenty to thirty days (although this timeframe can be extended by the court). After the Answer is filed, the matter moves into the discovery phase. In this stage the parties exchange information via written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document details the legal claims being made and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, the court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim.
The court will also not permit a new theory to be added at an point in the action that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an adequate explanation for the lateness of the 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 exam, which is required by Washington law, can be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. They are there to offer a different view of your injuries. These physicians, who are sometimes referred to as "independent", have their own agendas and financial interests in reducing the compensation that can be awarded to injured victims.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could make use of this information in a trial.