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What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be eligible for compensation. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, such as medical bills, lost wages, property damage and other expenses. The process can take several months to a few years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases may include the wrongful death of a person who dies because of the negligence or wrongdoing of others.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages, which are rare and are designed to punish the offender if they have committed extreme actions.
This category covers all expenses caused by the injury or accident. These could include hospital bills as well as doctor's fees and therapy costs. In some cases, additional expenses like the cost of travel to and from appointments, or modifications made to your home to accommodate permanent disabilities can also be included in an insurance claim.
Non-economic damages are often called "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, anguish and suffering caused by accidents. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This may be based on your ability to carry out the activities you used to or your loss of consortium with family.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specific time period or their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out indefinitely.
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 some exceptions to the time to file an injury claim. If you need help to determine if your claim falls within one of these exceptions, then it is best to seek legal advice.
The statute of limitations applies only to lawsuits that are filed in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's crucial to give yourself enough time to pursue legal action in the event that negotiations do not go as planned or there is a problem that cannot be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by-case basis. For example, the statute of limitations might not begin to run until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In some states, such as 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. The plaintiff claims that the defendant breached their duty of care and the breach caused harm and losses for the plaintiff. The defendant is accountable for the damages.
The complaint is the first document filed in a personal injury lawsuit. It includes specific allegations regarding the incident that led to your injuries, as well as the damages you seek. The complaint also includes the "prayer of relief" which outlines what you want 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 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 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 we have can also assist us to negotiate with the defense attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you were injured in your accident and that your injuries are worth an amount of money.
It's a long process, but it is at the trial that you'll find out if you be awarded the compensation you are entitled to. In the trial before jurors your lawyer will argue the defendant's liability and that they must compensate you for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will stop them from settling your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is the first time your case has deadlines set by a court. This is also when your attorney will discuss the matter with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or a member of the court's staff. If the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. If, however, a person cannot attend in person, they may participate via phone or internet, with the consent of the convenor. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. In this stage the parties exchange information through written demands for discovery and depositions.
At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document is a legal declaration of claims and the relief sought - typically 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 he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, a court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court concluded that the plaintiff was not negligent. 1994) the court granted the motion to strike references to willful and intentional acts from a medical negligence claim.
The court will also not allow a new theory to be introduced at any point in the case that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the delay in the amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction may be to question why a doctor who does not know you or your medical history and the particulars of your injury is requested to conduct an exam. You Tube of exam 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 their goal is to offer a different view of your injuries. While they are sometimes described as "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in decreasing the amount of compensation that could be given to a victim of injury.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being treated fairly by ensuring that the doctors questions do not deviate from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may make use of this information in a trial.