What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you may be able to recover compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to force another person or entity, to pay you for the damages that result from an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. If someone dies as the result of negligence or wrongdoing by others the wrongful death case are often included in personal injury lawsuits.
Damages are usually classified 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 very rare and are intended to punish the wrongdoer when they have committed a number of extreme crimes.
The first category of damages is often called "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In certain cases other expenses such as the cost of traveling to and from appointments, or modifications made to your home due to permanent disabilities can also be included in an insurance claim.
Non-economic losses are often referred to as "pain and suffering" damages. These damages are harder to quantify, and they include the emotional stress and mental stress caused by accidents. Your lawyer will help you value these damages based on the severity of your injuries. It could be based on your capacity to enjoy activities you used to do or the loss of your relationship with family members.
Statute of limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file a lawsuit before a certain date or else their claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely.
The exact duration of the time limit differs from one state another, but most personal injury lawsuits have a limit of between two and four years. There are some exceptions to the time limit for filing an injury claim. If you need help to determine if your claim is one of these exceptions, it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is crucial to give yourself enough time to pursue legal action in the event that insurance negotiations fail to go as planned or there is a problem that cannot be addressed by the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case-by case basis. The statute of limitation may not begin until the victim discovers or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims made against municipalities.
injury and accident lawyer is brought by the victim against the person who caused the injury. It claims that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the losses.
The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that caused your injuries and outlines the damages you are seeking. It also contains the "prayer for relief" that describes what you would like the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant.
A successful personal injury lawsuit relies 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 we gather can also assist us to negotiate with the defendants' lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove you were injured in your accident and that these injuries are worthy of the amount of financial compensation.
This could be a long process however, the trial is when you'll be able to decide if you'll be awarded the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will argue 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 you can proceed with the trial. This is the first time your case will be subject to deadlines imposed by a judge. 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 a member of the court's staff. All parties must attend the initial conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor can permit them to participate via phone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls under one of three categories - advanced standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). After the Answer has been filed, the matter moves into what is called the discovery phase. In this stage both parties exchange information via written discovery demands and depositions.
At the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document outlines 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 filed so that they can effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, the court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will not permit a new theory to be added at any point in the action that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the delay in the amendment.
Physical Examination
If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you, your medical history, and the details of your accident is being requested to conduct an exam. This type of exam is required under Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurer of the defendant. Their goal is to offer a different perspective on your injuries. Although they are sometimes referred to as "independent," these physicians, just like insurance companies have their own agendas and financial stake in reducing the amount of compensation that can be given to a victim of injury.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide the complete set of medical records for the doctor to look over. 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 important to avoid playing up or down the severity of your injuries with the doctors, since they are trained to spot dishonesty and may make use of this information against you in trial.