The Complete Guide To Injury Lawsuit
What is a Personal Injury Lawsuit?
YouTube could be entitled to compensation if you were injured as a result of the actions or inactions of someone else. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay money for damages related to an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. When someone dies as a result of the inattention or negligence of others In wrongful deaths, the case can be included in personal injury lawsuits.
The damages of a victim 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 are intended to penalize the offender for extreme behavior.
The first category of damages is often called "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. In some instances, additional expenses like the cost of traveling to and from appointments, or changes to your home to accommodate permanent disabilities can be included in the claim.
Non-economic damages are commonly called "pain and suffering" damages. These damages are more difficult to quantify, and they include the emotional distress and mental anguish that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. This may be based on your ability to carry out the activities you used to or your loss in 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 certain time frame or their claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time.
The exact duration of time is different from state to state however personal injury claims generally have a two- to four-year limitation. However, there are exceptions that can extend the amount of time a victim has to make a claim, and they should seek legal advice for assistance in to determine whether or not your case falls under one of the exceptions.
One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. Even so, it is important to allow yourself enough time to take legal action in the event that insurance negotiations fail to follow the plan or an issue arises that cannot be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be assessed on a case by case basis. For example, the statute of limitations might not start running until a victim has discovered or ought to have realized that their injuries were caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant breached their duty of care and that the breach caused damage and losses for the plaintiff. The defendant is then held accountable for the losses.
The complaint is the initial document that is filed in a personal injury lawsuit. It provides detailed details concerning the incident that caused your injuries, as well as the damages you seek. The complaint also contains a "prayer of relief" which describes what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must submit an answer to the complaint within a specific time frame, and may either deny or admit the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. 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 help us to negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit 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 an amount of money.
It can be a lengthy process however, the trial is where you will be able to determine if you'll receive the compensation you deserve. In the trial before the jury your lawyer will argue for the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will stop the defendant from paying for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case has deadlines set by a judge. This is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or an individual of the court's staff, typically conducts preliminary conferences. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All participants are required to attend in person. If, however, a person is unable to attend in person they can participate via telephone or on the internet with the approval of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. During this phase both parties exchange information through written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document is a legal declaration of claims and the relief sought - 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 is able to effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized 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 must only include the specific acts of neglect that are being alleged and must not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical negligence case.
The court will not permit the introduction of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.
Physical Exam
You might be wondering why a doctor who isn't familiar with you or your medical history, and isn't familiar with the specifics of your incident, would be asked to conduct a medical examination. However, this kind of examination is actually an obligation under Washington law, and it could be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. These doctors, who are often referred to as "independent" are able to have their own agendas and financial interests in reducing the compensation that can be awarded to injured victims.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide copies of all relevant medical records to the doctor to review. 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 do not deviate from the ones you have in your medical records. It is crucial to not play up or down the extent of your injuries with these doctors, as they are trained to spot the deceit and may use this information against you in trial.