5 Killer Qora's Answers To Injury Lawsuit
What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be able to recover compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages property damage and other expenses. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the ones accountable. If injury accident lawyers dies as the result of the carelessness or infractions committed by others the wrongful death case may be part of personal injury claims.
The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensatory damages are meant 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 are designed to punish the offender for extreme behavior.
This category includes all expenses incurred as a result of the injury or accident. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some cases other expenses such as the cost of travel to and from appointments, or modifications made to your home due to permanent disabilities may be included in an insurance claim.
Non-economic damages are also called "pain and suffer" damages. They are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that an accident can cause. Depending on the severity of your injuries your lawyer will help you place a value on these damages. This may be based on your ability to carry out the activities you used to or your loss of consortium with your family.
Statute of limitations
A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file an action within a specified date or the claim will be dismissed. This is done to stop evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out for a long time.
The exact length of time for filing a claim is different from state to state however personal injury claims generally have a two- to four-year limit. There are certain exceptions to the to file a claim. If you need help determining if your case falls under one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations only applies to lawsuits filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if there is a problem that is not resolved by insurance.
Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be considered on a case-by case basis. The statute of limitation may not start until the person realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. The plaintiff claims that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages.
The complaint is the first document that is filed in a personal injury case. It contains detailed allegations about the incident that led to your injuries and the damages you want. It also contains the "prayer for relief" which outlines what you want the court to do. The summons and complaint should be delivered to the defendant.
The defendant must respond to the complaint within specific time limits and either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also help us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
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 as a result of your accident, and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll find out if you receive the damages you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which will keep them from having to compensate you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a court. It is also the time that your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. Unless the case is being handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to attend in person. If, however, a person is unable to attend in person they can take part via phone or online with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls into one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given twenty or thirty days to respond (although this time frame can be extended if the court gives approval). When the Answer is filed, the case is moved to what is called the discovery phase. During this stage the parties exchange information via written discovery demands and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. This document provides the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, a court will only be able to abide by the 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 claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court concluded that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical negligence case.
In the same way, the court will not permit the addition of a new theory of recovery at an unreasonable 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
You might be wondering why a doctor who doesn't know you or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical examination. However, this kind of exam is actually a requirement under Washington law, and could be beneficial in your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to offer a different view of your injuries. Although they are sometimes referred to as "independent," these physicians - just like the insurance companies have their own agendas and financial motives in decreasing the amount of compensation that can be awarded to an injured victim.
If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are being examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is essential to avoid playing around with the severity of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you at trial.