20 Questions You Should Have To Ask About Injury Lawsuit Prior To Purchasing Injury Lawsuit
What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages are uncommon and designed to punish the perpetrator for their extreme behavior.
The first type of damages is typically called "economic damages." This includes any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages are often described as "pain and suffering" damages. These damages are difficult to quantify and comprise the emotional distress and mental anguish that an accident can cause. Based on the severity of your injuries your lawyer can help you place a value on these damages. It could be based on your capacity to participate in activities that you previously enjoyed or the loss of your relationship with family members.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must make a claim within a specific time period or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten and to stop people from drag out incident-related litigation indefinitely.
The exact time frame differs from state to state, but personal injury claims typically have a two- to four-year limitation. However there are exceptions that can extend the time required for a victim to file their claim and they should seek legal advice when to determine if their case falls within one of the exceptions.
One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs which cannot be resolved through insurance.
Certain circumstances can stop the clock of the statute of limitations however these cases are very rare and have to be considered on an individual basis. The statute of limitation may not start until the person realizes or should have realized that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated their duty of care and that this breach resulted in loss and harm to the plaintiff. The defendant is then 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're seeking. The complaint also contains a "prayer for 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 file an answer to the complaint within a certain time frame, and will either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement possible.
Preliminary Conference
In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant 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 can be a lengthy process however, the trial is when you'll be able to decide if you'll get the damages you're 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 present evidence to show that their actions were unrelated to the accident. This will stop them from settling your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is often the first time that your case will have deadlines that are set by the Court itself. This is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, also known as an official of the court staff typically holds preliminary conferences. Unless the case is being handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. If a person is unable to attend in person, the convenor can permit them to attend via phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three categories which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, 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 has been filed, the case moves into the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details legal 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 they can effectively prepare for trial.
The court must review a Bill of Particulars before it is able to be followed. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Yuma injury attorney You Tube .D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out references to intentional or willful actions in a medical malpractice case.
The court will not allow the addition of a new theory of recovery at an unreasonably late stage in the case. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct may be to question the reason why a doctor who does not know you and your medical history and the particulars of your injury is requested to conduct an exam. But, this type of examination is actually an obligation under Washington law and could be beneficial in your case.
IMEs are usually conducted by doctors hired by the insurer of the defendant. Their goal is to offer a different view of your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies - have their own agenda and financial motives in cutting down on the amount of compensation that could be awarded to an injured victim.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.