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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 a third party. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal action that is used to compel another person, or entity to pay you for the damages that result from an accident. The party who suffered the injury is known as the plaintiff and the responsible parties are called defendants. Personal injury cases may include cases of wrongful death when someone dies because of the inattention or negligence of others.
The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are very rare, are meant to punish the offender when they have committed a number of extreme acts.
The first category of damages is often referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. In some cases additional expenses, such as the cost of traveling to and from appointments, or changes to your home due to permanent disabilities can also be included in an insurance claim.
Non-economic damages can also be described as "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish caused by accidents. Depending on the extent of your injuries, your lawyer can help you place a value on the damages. This may be based on your capacity to perform the activities you used to or your loss in consortium with family.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a certain time frame or their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The exact duration of the time limit varies from one state to another, but the majority of personal injury claims have a limit of between two and four years. However there are exceptions that may extend the time a victim has to file their claim and they should seek legal advice for help to determine if your case falls under one of the exceptions.
One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. Even so, it is important to allow yourself plenty of time to take legal action in the event that insurance negotiations fail to follow the plan or an issue arises that can't be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be considered on a case-by case basis. The statute of limitation may not be established until the victim discovers or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. The plaintiff claims that the defendant breached their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.
The complaint is the first document filed in a personal injury case. It contains detailed allegations concerning the incident that caused your injuries as well as the damages you seek. The complaint also includes an "prayer of relief" that outlines what you want the court to do. The summons and complaint must be given to the defendant.
The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations contained in the complaint. accident attorney can also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that the injuries are worthy of financial compensation.
This can be a long process, but the trial is when you can finally determine whether you'll receive the compensation you deserve. In the case of a trial before a jury your lawyer will argue for the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses.
You must attend a pre-trial discussion before proceeding with the trial. This is the first time your case has deadlines set by a court. This is also when your attorney will be discussing the matter with the defense.
Preliminary conferences are typically conducted by a judicial register or an individual from the court's staff. All parties must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person they may take part via phone or online with the permission 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 within one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives consent). When the Answer is filed, the case moves into what is called the discovery phase. During this stage the parties exchange information via written discovery demands and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details legal claims and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. Generally speaking, 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 not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out the reference to willful or deliberate actions in a medical malpractice case.
The court will also not permit a new theory to be added at an stage in the litigation that is unreasonably late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit that provides an adequate explanation for the delay in the amendment.
Physical Examination
You may question the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, would be asked to conduct a medical examination. However, this kind of examination is actually an obligation under Washington law, and could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer an alternative perspective to your injuries. These doctors, sometimes called "independent", have their own agendas and financial interests in reducing the amount of compensation that is given to victims of injuries.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide copies of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is important to avoid playing with the extent of your injuries with these doctors, as they are trained to spot dishonesty and may make use of this information against you at trial.