How To Explain Injury Lawsuit To Your Grandparents
What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you may be eligible for compensation. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages damages to property and other expenses. 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 damages resulting from an accident. The plaintiff is the victim, and the defendants are accountable. Personal injury cases can also include the wrongful death of a person who dies because of the negligence or wrongdoing of others.
Provo injury attorneys are typically broken down into two groups that are punitive and compensatory. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.
This category covers all costs incurred as a result of the injury or accident. This could include hospital bills, doctor's fees and physical therapy costs. In some cases other expenses such as the cost of travelling to and from appointments, or changes to your home due to permanent disabilities can be included in the claim.
Non-economic damage can also be called "pain and suffer" damages. These damages are more difficult to quantify, and they include the emotional stress and mental stress that accidents can cause. Depending on the severity of your injuries your lawyer will assist you to estimate the value of these damages. This might be based on your capacity to enjoy activities you previously enjoyed or your loss of connection with family members.
Statute of limitations
A legal principle known as the statute of limitations stipulates that anyone injured in an accident must file an action before a specific date or else their claim will be dismissed. This is to protect evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The exact time frame varies from state to state but personal injury claims typically have a two-to four-year limitation. There are some exceptions to the time to file an injury claim. If you need assistance to determine if your claim falls under one of these exceptions, it is best to seek legal advice.
A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. However, it is important to allow yourself plenty of time to take legal action in the event that insurance negotiations don't take place as planned or if an issue arises that cannot be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by-case basis. For instance the statute of limitations might not begin to run until a victim has discovered or reasonably should have discovered that their injuries were caused by someone else's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It alleges that the defendant breached the duty of care, that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages.
The first document filed in a personal injury lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries and outlines the damages you seek. The complaint also includes an "prayer of relief" that outlines what you would like the court to do. The summons and complaint should be given to the defendant.
The defendant must respond to the complaint within certain deadlines and either admit or deny the allegations contained in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit depends 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. The evidence we gather will also assist us in negotiate with defendants' lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.
It's a long process, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and is required to compensate you for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will prevent them from settling your losses.
Before proceeding to trial, you must attend a preliminary conference. This is typically the first time that your case will be subject to deadlines set by the Court itself. It is also the time that your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or someone on the court's staff. If the case is handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If a party is not able to attend in person, the convenor may permit them to participate via phone or via the internet. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories - expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to respond (although this time frame can be extended with the court's permission). When 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.
Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document provides the legal claims being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they can effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will also not allow a new theory to be added at any point in the action that is unreasonably late. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit that provides a reasonable excuse for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you or your medical history and the specifics of your injury is requested to conduct an exam. However, this kind of examination is actually an obligation under Washington law and can be helpful to your case.
IMEs are typically performed by doctors who are employed by the defendant’s insurance company. They are there to provide an alternative perspective on your injuries. These physicians, who are sometimes referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation which is given to victims of injuries.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may make use of this information in a trial.