Where Will Injury Lawsuit 1 Year From Now?
What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you could be entitled to compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages property damage, and other costs. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to force another individual or entity to pay you for the damages that result from an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. If someone dies as the result of inattention or negligence of others In wrongful deaths, the case are often included in personal injury claims.
The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are uncommon and designed to punish the wrongdoer for extreme conduct.
This category covers all expenses that result from the accident or injury. These could include doctor's bills, hospital costs and physical therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments, or home modifications to accommodate a disability that is permanent.
Non-economic damages can also be described as "pain and suffer" damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish that accidents can cause. Depending on the severity of your injuries, your lawyer will help you estimate the value of the damages. This might be based on your ability to enjoy activities you used to do or your loss of connection with family members.
Statute of Limitations
A legal requirement known as the statute of limitations stipulates that anyone injured in an accident file an action within a specified date or the claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a limit of two to four years. However there are exceptions that may extend the time required for a victim to make a claim, and they should seek legal advice for help to determine whether or not their case falls within one of these exceptions.
The statute of limitations applies only to lawsuits filed in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. However, it is important to leave yourself plenty of time to take legal action in the event that insurance negotiations fail to take place as planned or if there is a problem that cannot be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations however these cases are very rare and have to be evaluated on a case-by-case basis. The statute of limitations might not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. It asserts that the defendant violated their duty of care and that this breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The first document you file with a personal injury lawsuit is referred to as the complaint. It contains detailed allegations about the incident that led to your injuries. It also outlines the damages you seek. The complaint also contains the "prayer of relief" which describes what you want 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 specific deadlines and either admit or deny the allegations in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical records 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 collect will also help us to negotiate with defense attorneys or insurance agents to obtain the best 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 these injuries are worth the amount of financial compensation.
It can be a lengthy process however, the trial is where you will be able to determine if you'll receive the compensation you're entitled to. In the trial before a jury your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is usually the first time your case will have deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. If the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules the participants 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 approval of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories namely 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 is able to be extended by the court). After the Answer has been filed, the case is moved into the discovery phase. During this phase the parties exchange information via written discovery demands and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details the legal claims being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them 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. Frisco injury lawsuit of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to intentional and willful actions from a medical malpractice claim.
Similarly, the court will not allow introduction of a new theory of recovery at an unreasonably late stage in the case. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the tardiness of the amendment.
Physical Examination
It is possible to ask 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 required to conduct a medical examination. This type of exam, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to provide a different view of your injuries. Although they are often referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in reducing the amount of compensation that may be given to a victim of injury.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give a copy to the doctor of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to detect dishonesty, and could utilize this information in court.