The 10 Scariest Things About Injury Lawsuit
What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, including medical bills, lost wages, damages to property and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal action that is taken to force another person or entity, to pay you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are accountable. When someone dies as a result of inattention or negligence of others, wrongful death cases can be included in personal injury claims.
The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensation damages are designed to help the victim get back on track again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct.
This category covers all costs that result from the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In certain cases additional expenses, such as the cost of traveling to and from appointments, or modifications made to your home due to permanent disabilities can also be included in an insurance claim.
Non-economic losses are often described as "pain and suffering" damages. These damages are harder to quantify and include the emotional distress and mental anguish that accidents can cause. Based on the extent of your injuries, your lawyer can help you place a value on these damages. This could be based on the capacity to perform the things you did before or your loss of consortium with family.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specific time period or the claim will be dismissed by the courts. This is done to prevent evidence from being lost or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time.
The exact duration of time differs from state to state however, personal injury claims typically have a two-to four-year limitation. There are some exceptions to the time limit for filing an injury claim. If you require assistance in determining whether your case falls under one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is nevertheless essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs which cannot be resolved through insurance.
Certain circumstances can stop the clock of the statute of limitations, but these instances are rare and generally need to be considered on an individual case-by-case basis. For instance, the statute of limitations may not begin to run until the victim discovers or should have reasonably discovered that their injury was caused by another person's negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It alleges that the defendant violated the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint 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 which is a notification that they are being sued.
The defendant must respond to the complaint within a set of deadlines and either admit or deny all allegations contained in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely together with our clients to gather all relevant information and include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that the injuries are worth the amount of financial compensation.
It's a long process, but it's at the trial that you'll find out if you get the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to pay you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time your case has deadlines set by a judge. This is also when your attorney will be discussing the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or an individual from 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 otherwise exempted. If a person is unable to attend in person, the convenor is able to permit them to participate via telephone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories: expedited standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). After the Answer has been filed, the matter moves into the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. The document details legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
The court must look over a Bill of Particulars before it is able to be followed. In YouTube , the court will only accept a Bill of Particulars if it isn't 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 instance was a case in which the court ruled that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike references to intentional and willful acts from a medical negligence claim.
The court will also not allow a new theory to be added at a point in the case that is unreasonably late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the delay in the amendment.
Physical Exam
You might be wondering why a doctor who isn't familiar with you or your medical history and is unfamiliar with the details of your incident, would be required to conduct a medical exam. This type of exam is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer a different view of your injuries. These doctors, often referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is essential to avoid playing around with the extent of your injuries with the doctors, since they are trained to spot fraud and could make use of this information against you at trial.