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What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have suffered injuries due to the actions or inactions of another person. Contact a knowledgeable personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding that is used 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. If someone dies as a result of the inattention or negligence of others, wrongful death cases may be part of personal injury lawsuits.
Damages are usually divided into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are not common and are intended to punish the offender for committing extreme acts.
This category includes all expenses incurred as a result of the injury or accident. These could include doctor's bills, hospital costs and physical therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages are commonly referred to as "pain and suffering" damages. These damages are more difficult to quantify, and include the emotional distress and mental stress caused by accidents. Based on the severity of your injuries, your lawyer can help you place a value on the damages. It could be based on the ability to continue enjoying the activities you used to do or the loss of your relationship with family members.
Statute of limitations
A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a certain time frame or the claim will be rejected by the courts. This is done to prevent evidence from being lost or lost and to stop people from dragging incident-related litigation out for a long time.
The exact duration of the time limit differs from one state another, but the majority of personal injury claims have a time frame of two to four years. There are some exceptions to the time to file a claim. If you need help in determining whether your case is one of these exceptions, it is best to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in the court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. It is nevertheless important to give yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises which cannot be resolved through insurance.
Certain circumstances can stop the statute of limitations clock, but these instances are extremely rare and need to be evaluated on a case-by-case basis. For example, the statute of limitations might not begin to run until the victim discovers or should have reasonably discovered that their injury was caused by another person's negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant breached the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is liable for those damages.
The complaint is the primary document filed in a personal injury case. It provides detailed details concerning the incident that led to your injuries, as well as the damages you are seeking. The complaint also contains an "prayer of relief" that outlines what you want the court to do. The complaint and summons must be handed over to the defendant.
After the complaint is filed, the defendant has to submit an answer to the complaint within a specific time frame, and may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical records 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 gather will also help us to negotiate with defense lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part 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's not an easy procedure, but it's at the trial that you'll be able to determine if you receive the damages you are entitled to. In a trial before the jury your lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will stop them from paying you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is usually the first time that your case will have deadlines that are set by the Court itself. This is also when your lawyer will discuss the case with the defense.
A judicial registrar, or an official of the court staff typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor may permit them to participate via phone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories namely advanced standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe is able to be extended by the court). After the Answer is filed, the case is moved to what is called the discovery phase. In this phase, both parties exchange information through written demands for discovery and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. This document outlines the legal claims that are 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.
The court must examine the Bill of Particulars before it is able to be followed. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike references to intentional or willful acts in a medical malpractice case.
The court will not allow a new theory to be introduced at a point in the case that is unreasonably late. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment.
Physical Examination
If a defense attorney, or an insurance company demands that you attend 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 specifics of your accident is being required to conduct an examination. However, this kind of examination is actually required under Washington law, and could be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. YouTube is to provide an alternative view of your injuries. These doctors, often referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation that can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is crucial to not play with the extent of your injuries with these doctors, as they are trained to spot dishonesty and may use this information against you in trial.