The Most Significant Issue With Injury Lawsuit And What You Can Do To Fix It
What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you could be eligible for compensation. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, including medical expenses, lost wages, property damage and other expenses. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal process that is used to force another individual or entity to compensate you for damages resulting from an accident. The plaintiff is the victim and the defendants are the ones accountable. If someone dies as a result of carelessness or infractions committed by others, wrongful death cases are often included in personal injury lawsuits.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct.
This category includes all expenses caused by the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent.
Non-economic damage can also be referred to by the term "pain and suffer" damages. They are more difficult to quantify and include the emotional distress, mental suffering and anguish caused by accidents. Depending on the severity of your injuries your lawyer will help you estimate the value of the damages. This might be based on your capacity to continue enjoying the activities you used to do or your loss of consortium with family members.
Statute of Limitations
A legal principle known as the statute of limitations stipulates that anyone injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation related to an incident for a long time.
The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a time limit of two to four years. However, there are exceptions that could extend the amount of time required for a victim to submit their claim. They should seek legal advice for assistance in to determine whether or not their case falls into one of the exceptions.
The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. However, it is crucial to give yourself plenty of time to pursue legal action just in case insurance negotiations fail to take place as planned or if an issue arises that can't be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case by case basis. The statute of limitations might not start until the person is aware or should have known that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. It asserts that the defendant violated their duty of care and this breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages.
The first document filed with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that led to your injuries. It also lists the damages you're seeking. The complaint also contains a "prayer for relief" that describes what you would like the court to do. The summons and complaint must be given to the defendant.
After the complaint is filed, the defendant is required to file 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 another defendant to the case by naming third party defendant.
A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we gather will also assist us in negotiate with the defendants' attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation.
It's a long procedure, but it's at the trial that you'll be able to determine if you receive the damages you are entitled to. In a trial before the jury your lawyer will argue the defendant's responsibility and the need to compensate you for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will stop the defendant from paying for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a judge. It is also the time when your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual from the court staff, usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor can allow them to participate by telephone or online. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls under one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe can be extended by the court). After 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 demands for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of the discovery. The document details legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. Generally speaking, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim.
Similarly, the court will not permit the introduction of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment.
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the specifics of your accident is being requested to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurer of the defendant. Their goal is to offer a different view of your injuries. While they are sometimes described as "independent," these physicians, just like insurance companies - have their own agenda and financial interest in reducing the amount of compensation that could be given to a victim of injury.
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 the relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is important to avoid playing with the severity of your injuries with these doctors, as they are trained to recognize fraud and could utilize this information against you in trial.