What is a Personal Injury Lawsuit?
You may be entitled to compensation if have been injured due to the actions or inactions of a third party. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay money for damages related to an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. Personal injury cases can include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
A victim's damages are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct.
The first category of damages is often referred to as "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments, or changes to your home to accommodate permanent disabilities may also be included in an insurance claim.
Non-economic damages are often referred to as "pain and suffering" damages. These damages are more difficult to quantify, and they include the emotional distress and mental anguish caused by accidents. Your lawyer will help you determine the value of these damages based on the extent of your injury. This may be based on your ability to do things you did before or your loss of consortium with family.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specific time period or the claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out indefinitely.
The exact time frame varies from state to state however, personal injury claims typically have a two-to four-year limitation. There are some exceptions to the time limit for filing an injury claim. If you require assistance determining if your case falls under one of these exceptions, it is best to seek legal advice.
The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. Even so, it is crucial to give yourself plenty of time to take legal action just in case insurance negotiations do not go as planned or an issue arises that cannot be easily addressed through the insurance system.
You Tube can stop the clock on the statute of limitations however, these situations are extremely rare and need to be analyzed on an individual case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil action initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant violated 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 complaint is the initial document that is filed in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries, as well as the damages you are seeking. It also contains the "prayer for relief" that describes what you would like the court to do. The summons and complaint should be delivered to the defendant.
The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as 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 can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but it is at the trial that you will be able to determine if you get the compensation you deserve. In a trial before the jury your lawyer will argue for the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop them from settling your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a judge. It is also the time that your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. Unless the case is being 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 person is unable to attend in person, the convenor may permit them to attend via telephone or online. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories: expedited standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to respond (although this deadline may be extended if the court gives approval). After the Answer is filed, the case is moved to what is called the discovery phase. In this phase the parties exchange information in the form of written discovery demands and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she can effectively prepare for trial.
The court must look over the Bill of Particulars before it is able to be followed. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must 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. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical negligence case.
The court will also not permit a new theory to be added at an stage in the litigation that is unreasonablely late. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the delay of this amendment.
Physical Exam
You might be wondering the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the details of your accident, would be asked to conduct a medical examination. However, this type of examination is actually an obligation under Washington law and could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the insurance company of the defendant. They are there to offer a different perspective on your injuries. These doctors, often referred to as "independent", have their own agendas and financial stakes in reducing the compensation that is awarded to injured victims.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraud, and may use this information at trial.