Let's Get It Out Of The Way! 15 Things About Injury Lawsuit We're Tired Of Hearing
What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be eligible for compensation. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to force 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, while the parties accountable are known as defendants. Personal injury cases may include wrongful death claims when someone dies due to the negligence or wrongful actions of others.
A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct.
The first category of damages is often referred to as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident or injury. This could include doctor's fees, hospital costs and physical therapy expenses. In some cases additional expenses, such as the cost of travelling to and from appointments or modifications made to your home to accommodate permanent disabilities can also be included in an insurance claim.
Non-economic damages are also called "pain and suffer" damages. They are more difficult to quantify and include the mental and emotional stress, anguish 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 might be based on your ability to enjoy activities you previously enjoyed or the loss of your relationship with family members.
Statute of limitations
A legal rule known as the statute of limitations requires that anyone who is injured in an accident should file an action within a specified date or the claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.
The exact length of time for filing a claim differs between states, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the to file an injury claim. If you need assistance in determining whether your case is one of these exceptions, it is best to seek legal advice.
The statute of limitations applies only to lawsuits that are filed in the court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. However, it is important to allow yourself plenty of time to pursue legal action in the event that insurance negotiations fail to take place as planned or if there is a problem that cannot be resolved through the insurance system.
Certain circumstances can stop the clock of the statute of limitations however, these situations are very rare and have to be evaluated on a case-by-case basis. For example, the statute of limitations may not start running until a victim discovered or should have reasonably discovered that their injuries were caused by a negligent actions. In some states, such as New York, the statute of limitations is different for claims 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 the breach caused loss and harm to the plaintiff. The defendant is held responsible for these damages.
The complaint is the initial document that is filed in a personal injury case. It provides detailed details regarding the incident that led to your injuries and the damages you seek. It also contains a "prayer for relief" that describes what you would like the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within specific time limits and either admit or deny all the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
This could be a long process however, the trial is when you will be able to determine if you'll be awarded the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for your losses. The defendant will provide 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 preliminary conference. This is typically the first time your case will be subject to deadlines established by the Court itself. This is also when your attorney will be discussing the issue with the defense.
Preliminary conferences are usually conducted by a judicial registrar, or a member of the court's staff. All parties must attend the preliminary conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party cannot attend in person, they are able to participate via phone or internet 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 provide an opportunity to determine whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this timeframe may be extended by the court). Once Memphis injury attorney has been filed, the matter moves into the discovery phase. During this phase, both parties exchange information through written discovery demands and depositions.
At 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 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 prepare effectively for trial.
The court must review the Bill of Particulars before it can be complied with. In general, courts will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff had not been negligent. In 1994, the court affirmed a motion to strike the reference to willful or deliberate acts in a medical negligence case.
The court will not allow introduction of a new theory of recovery at an unreasonably late stage in the litigation. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment.
Physical Examination
It is possible to ask why a doctor, who isn't familiar with you or your medical history and isn't familiar with the specifics of your accident, should be required to conduct a medical examination. But, this type of exam is actually required under Washington law and can be helpful in your case.
IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their aim is to offer a different view of your injuries. These doctors, who are sometimes called "independent", have their own agendas and financial interests in reducing the compensation that can be awarded to injured victims.
If you choose to undergo an IME the 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 to the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could use this information at trial.