How Do I Explain Injury Lawsuit To A 5-Year-Old
What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of a third party. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are the ones accountable. If Gilbert injury lawsuit dies as the result of the negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury claims.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are rare and are designed to punish the wrongdoer for committing extreme actions.
The first type of damages is often known as "economic damages." This covers all out-of-pocket expenses associated with the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. Certain claims could also include additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent.
Non-economic damages are often referred to as "pain and suffering" damages. These damages are harder to quantify and include the emotional distress and mental stress that an accident can cause. Depending on the severity of your injuries, your lawyer will assist you to determine the value of the damages. This could be based on the capacity to perform the activities you used to or your loss of consortium with family.
Statute of Limitations
A legal requirement, known as the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a specific time period or the claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten, and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact time limit varies from one state to another, but the majority of personal injury claims have a time limit of two to four years. However there are exceptions that could extend the amount of time required for a victim to make a claim, and they should seek legal advice for assistance in to determine if their case falls within one of the exceptions.
A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is crucial to give yourself plenty of time to take legal action in the event that negotiations don't take place as planned or if there is a problem that cannot be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations however these cases are rare and generally need to be considered on an individual case-by-case basis. The statute of limitation may not start until the person discovers or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant breached their duty of care, and that the breach caused harm and losses for the plaintiff. The defendant is held accountable for the losses.
The first document filed with a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. It also contains a "prayer for relief" that outlines what you want the court to do. The summons and complaint must be handed over to the defendant.
The defendant must respond to the complaint within a set of deadlines and either admit or deny the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence including 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 we collect can also assist us to negotiate with defense lawyers 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 led to your accident. You must also prove that you were injured in your accident and that these injuries are worthy of the amount of financial compensation.
It can be a lengthy process however, the trial is when you will be able to determine if you'll get the damages you deserve. In the trial before jurors your lawyer will argue the defendant's responsibility and they will argue that they have to compensate you for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is typically the first time that your case will be subject to deadlines established by the Court itself. It is also the time where your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. All parties must attend the preliminary conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls under one of three categories namely complicated or expedited standard.
Bill of Particulars
After a complaint and summons are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this deadline can be extended with the court's consent). After the Answer has been filed, the case is moved into what is called the discovery phase. During this time both sides exchange information in the form of written demands for discovery 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 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 they can effectively prepare for trial.
The court must review the Bill of Particulars before it can be complied with. 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 negligence that are being alleged, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to intentional and willful actions from a medical malpractice claim.
The court will not allow the addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice a late amendment 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 the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the details of your accident, would be required to conduct a medical exam. This type of exam is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim 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 agendas and financial motives in decreasing the amount of compensation that can be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the doctors questions do not deviate from those in your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can use this information at trial.