9 Lessons Your Parents Taught You About Injury Lawsuit
What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you may be eligible for compensation. To find out 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 cover their losses, including medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to force another individual or entity, to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are responsible. If someone dies as a result of the carelessness or infractions committed by others the wrongful death case may be part of personal injury lawsuits.
The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct.
This category covers all costs caused by the injury or accident. These could include doctor's bills, hospital costs and physical therapy costs. In some instances, additional expenses like the cost of travelling to and from appointments, or modifications to your home to accommodate permanent disabilities may also be included in a claim.
Non-economic damages can also be called "pain and suffer" damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will help you determine the value of these damages based on the severity of your injuries. This could be based on the ability to do things you did before or your loss in consortium with family.
Statute of Limitations
A legal principle known as the statute of limitation obliges anyone injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time limit of two to four years. There are certain exceptions to the time limit for filing an injury claim. If you need help in determining whether your case falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem that is not resolved by insurance.
A few circumstances can pause the statute of limitations clock however, these situations are extremely rare and need to be considered on an individual case-by-case basis. For example, the statute of limitations may not start to run until the victim discovers or should have reasonably discovered that their injury was caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant violated their duty of care and the breach caused loss and harm to the plaintiff. The defendant is then held responsible for these damages.
The complaint is the primary document that you file in a personal injury case. It includes specific allegations concerning the incident that caused your injuries as well as the damages you want. The complaint also contains an "prayer of relief" which outlines what you want the court to do. The summons and complaint should be given to the defendant.
The defendant must respond to the complaint within a set of time frames and either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. Suggested Reading collect will also assist us in negotiate with defendants' attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation.
It's not an easy process, but it's at the trial that you will be able to determine if you be awarded the compensation you deserve. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent them from paying you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, also known as an official of the court's staff, typically holds preliminary conferences. Unless the case is being handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to be present in person. However, if a party is unable to attend in person, they may participate via phone or internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories namely advanced standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to respond (although this deadline can be extended with the court's approval). Once the Answer is filed, the case is moved to what is known as the discovery phase. In this stage the 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. This document outlines legal claims and the relief sought - usually 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 is able to effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical malpractice case.
The court will not allow introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. To avoid prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the lateness of this amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you and your medical history and the particulars of your accident is being required to conduct an examination. However, this kind of examination is actually required under Washington law and can be helpful 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 doctors, sometimes called "independent" and have their own agendas and financial interests in reducing the amount of compensation that is awarded to injured victims.
If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide a copy of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will make sure that you are examined in a fair manner by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is important to not play with the severity of your injuries with the doctors, since they are trained to recognize fraud and could make use of this information against you at trial.