The No. 1 Question Everybody Working In Injury Lawsuit Should Be Able Answer
What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongdoing of others.
The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. 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 intended to punish the perpetrator if they have committed extreme acts.
The first type of damages is often referred to as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damages are also called "pain and suffer" damages. These damages are harder to quantify, and they include the emotional stress and mental anguish caused by accidents. Based on Westminster injury lawyer You Tube of your injuries, your lawyer can help you determine the value of the damages. This might be based on your capacity to participate in activities that you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident must file an action within a specified date or their claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent individuals from dragging litigation relating to incidents out for a long time.
The exact time limit differs from one state another, but the majority of personal injury claims have a limit of between two and four years. There are some exceptions to the time limit for filing a claim. If you require assistance in determining whether your case is one of these exceptions, it is best to seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in a 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 don't take place as planned or if an issue arises that can't be easily addressed through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be considered on a case-by-case basis. The statute of limitations may not be established until the victim realizes or should have realized that the injury was caused by someone else's negligence. In certain states, like New York, it 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 violated their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is held accountable for the losses.
The first document you file with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries and outlines the damages you are seeking. The complaint also includes an "prayer of relief" which outlines what you want the court to do. The summons and complaint must be given to the defendant.
The defendant must respond to the complaint within a set of time limits and either admit or deny all allegations made in the complaint. The defendant can 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 records and testimony from witnesses. We collaborate 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 the defense lawyers or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that your injuries are worthy of an amount of money.
This can be a long process, but the trial is where you'll be able to decide if you'll receive the compensation you deserve. In a trial before jurors the lawyer will argue that the defendant is at liability and that they must pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is often the first time that your case will have 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 an individual from the court's staff. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to be present in person. If, however, a person is unable to attend in person, they are able to take part via phone or online, with the consent of the convenor. If your case is scheduled 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 classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame can be extended by the court). After the Answer is filed, the case enters what is known as the discovery phase. In this phase, both sides exchange information in the form of written demand for discovery and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. 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 put the defendant on notice of the specific legal claims being made so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. 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 neglect that are being claimed and not include any 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 allow a new theory to be introduced at an point in the case that is unreasonably late. To avoid causing prejudice an amendment made late to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the lateness of this amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you and your medical history and the details of your incident is requested to conduct an exam. However, this kind of exam is actually an obligation under Washington law, and could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer an alternative view of your injuries. These physicians, who are sometimes referred to as "independent", have their own goals and financial interests in reducing the amount of compensation which is paid to victims.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide a copy of all relevant medical records to the doctor to look over. 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 in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could make use of this information in a trial.