The Expert Guide To Injury Lawsuit
What is a Personal Injury Lawsuit?
You may be entitled to compensation if were injured as a result of the actions or inactions of a third party. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, such as medical bills, lost wages, damages to property and other expenses. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the responsible parties are called defendants. Personal injury cases may include cases of wrongful death when someone dies because of the negligence or wrongful actions of others.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are very rare and are designed to punish the wrongdoer for committing extreme crimes.
The first type of damages is usually known as "economic damages." This is the term used to describe 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 cases, additional expenses like the cost of travelling to and from appointments, or modifications made to your home for permanent disabilities can also be included in a claim.
Non-economic losses are often called "pain and suffering" damages. These are more difficult to quantify and include the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer will assist you to value these damages based on the severity of your injury. This might be based on the ability to continue enjoying the activities you previously enjoyed or your loss of connection with family members.
Statute of limitations
A legal principle known as the statute of limitation obliges anyone injured in an accident file an action before a specific date or their claim will be dismissed. 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 frame differs from state to state however, personal injury claims typically have a two- to four-year limit. There are certain exceptions to the period for filing a claim. If you require assistance to determine if your claim falls within one of these exceptions, it is best to seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is nevertheless important to give yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if there is a problem that is not resolved by insurance.
Certain circumstances can stop the statute of limitations clock, but these instances are extremely rare and need to be considered on a case-by-case basis. For instance the statute of limitations may not start running until a victim has discovered or ought to have realized that their injury was caused by someone else's negligence, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity that caused the injury. It claims that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that caused your injuries. It also lists the damages you're seeking. The complaint also contains the "prayer of relief" which outlines what you want 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 a set of deadlines and either admit or deny all allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also assist us in negotiate with defendants' attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in your accident and that the injuries are worthy of financial compensation.
This could be a long process however, the trial is when you'll be able to decide if you'll get the damages you're entitled to. In a trial before a jury your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will stop them from settling your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is typically the first time your case will have deadlines established by the Court itself. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or an individual of the court's staff, typically holds preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to attend in person. If a party is unable to attend in person they are able to participate via telephone or on the internet with the permission of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives permission). Once the Answer is filed, the case enters what is known as the discovery phase. In this phase the parties exchange information in the form of written discovery demands and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. Jersey City injury lawyer You Tube being made as well as the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that he or she can prepare effectively for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff had not been negligent. 1994), the court sustained the motion to strike references to intentional and willful acts from a medical malpractice claim.
The court will not allow the addition of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment.
Physical Examination
You might be wondering the reason why a doctor, who doesn't know you, or your medical history and isn't familiar with the specifics of your incident, would be asked to conduct a medical exam. However, this kind of examination is actually an obligation under Washington law and could be beneficial in your case.
IMEs are usually 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 called "independent" and have their own goals and financial interests in reducing the compensation that is awarded to injured victims.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide a copy to the doctor of all pertinent 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. It is crucial to avoid playing with the severity of your injuries with the doctors, since they are trained to spot dishonesty and may make use of this information against you in trial.