What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you may be entitled to compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages, property damage and other expenses. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damages resulting from an accident. The injured party is known as the plaintiff while the parties responsible are referred to as defendants. If someone dies as the result of inattention or negligence of others, wrongful death cases can be 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, which are not common and are intended to punish the offender if they have committed extreme acts.
The first type of damages is often called "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In certain cases other expenses such as the cost of travel to and from appointments or changes to your home due to permanent disabilities could also be included in the claim.
Non-economic damages can also be described as "pain and suffer" damages. These damages are more difficult to quantify and comprise the emotional distress and mental anguish that an accident can cause. Depending on the severity of your injuries, your lawyer will help you place a value on these damages. It could be based on your capacity to participate in activities that you previously enjoyed or your loss of connection with family members.
Statute of limitations
A legal requirement, known as the statute of limitations, any person who is injured in an accident must make a claim within a specified time or their claim will be dismissed by the courts. This is done to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for a long time.
The exact duration of the time limit is different from one state to another, but most personal injury lawsuits have a limit of between two and four years. There are some exceptions to the time period for filing a claim. If you need help in determining whether your case is one of these exceptions, then it is best to seek legal advice.
A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. However, it is crucial to give yourself enough time to file a lawsuit in the event that negotiations don't 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 of the statute of limitations however these cases are extremely rare and need to be evaluated on an individual case-by-case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In some states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant breached their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is then held accountable for the losses.
The first document filed in a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you seek. The complaint also contains a "prayer of relief" that outlines what you would like 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.
After the complaint is filed, the defendant has to submit an answer to the complaint within a specific time period, and they may either deny or admit the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit depends on solid evidence including medical records 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 defendants' lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that the injuries are worth an amount of money.
This can be a long process however, the trial is where you can finally determine whether you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will provide evidence to show that their actions were not related to the accident. This will prevent them from settling your losses.
Before proceeding to trial you must attend a preliminary conference. This is often the first time that your case will be subject to deadlines set by the Court itself. This is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or a member of the court's staff, typically holds preliminary conferences. If Bend injury lawyers You Tube is handled under 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 a person is unable to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case is going to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). Once the Answer has been filed, the matter moves into what is called the discovery phase. During this stage, both parties exchange information via written discovery demands and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document outlines 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 so that they can prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, courts will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will not allow the introduction of a new theory of recovery at an unreasonably late point in the action. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment.
Physical Exam
When a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction may be to question the reason a doctor who may not know you, your medical history, and the details of your incident is asked to conduct an exam. But, this type of exam is actually an obligation under Washington law, and can be helpful in your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to provide 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 motives in cutting down on the amount of compensation that could be granted to a victim who has been injured.
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 a copy of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is crucial to avoid playing with the severity of your injuries to these doctors, as they are trained to recognize dishonesty and may use this information against you at trial.