What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you may be eligible for compensation. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to compel another person, or entity to compensate you for the damages that result from an accident. The injured party is known as the plaintiff and the parties accountable are known as defendants. Personal injury cases may include cases of wrongful death when someone dies due to negligence or wrongdoing of others.
Damages are usually classified into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare and are intended to punish the wrongdoer for committing extreme crimes.
This category includes all expenses that result from the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases additional expenses, such as the cost of traveling to and from appointments or modifications to your home to accommodate permanent disabilities can be included in the claim.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These are more difficult to quantify and include the mental and emotional stress, suffering and anguish that accidents can cause. Your lawyer will assist you to value these damages based on the extent of your injury. It could be based on the ability to continue enjoying the activities you were previously able to enjoy or your loss of connection with family members.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who is injured in an accident must file a lawsuit within a certain time frame or the claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and also to stop people from dragging incident-related litigation out for a long time.
The exact duration of time is different between states, but personal injury claims typically have a two- to four-year time limit. There are some exceptions to the time period for filing a claim. If you need help to determine if your claim falls within one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in court. Many injury cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be assessed on a case-by case basis. For example the statute of limitations might not start running until a victim has discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant violated a duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages.
The complaint is the primary document filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries as well as the damages you want. The complaint also contains a "prayer of relief" which describes what you would like the court to do. The summons and complaint must be handed over to the defendant.
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 introduce another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that your injuries are worth the amount of financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll finally know if you will receive the damages you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will argue that their actions are not related to the accident, which prevents them from having to compensate you for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. It is also the time that your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or someone on the court's staff. All parties must attend the initial conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able 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 a part of the Differentiated Case Management program, the preliminary conference will be a chance to determine whether your case falls into one of the three classifications - expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to respond (although this deadline can be extended if the court gives permission). Once the Answer is filed, the case is moved to what is known as the discovery phase. In this stage, both parties exchange information via written demands for discovery and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines legal claims and the relief sought, usually an award of money damages. You Tube of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they can effectively prepare for trial.
The court must review the Bill of Particulars before it is able to be followed. Generally, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical negligence case.
The court will also not allow a new theory to be introduced at an point in the case that is unreasonably late. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the lateness of the amendment.
Physical Examination
You may question the reason why a doctor, who doesn't know you or your medical history and isn't familiar with the details of your accident, should be required to conduct a medical examination. However, this type of exam is actually required 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 provide a different perspective to your injuries. These doctors, who are sometimes referred to as "independent", have their own goals and financial interests in reducing the amount of compensation which can be given to victims of injuries.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide copies of all relevant medical records for 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 do not deviate from the ones in your medical records. It is important to avoid playing with the severity of your injuries with these doctors, as they are trained to recognize dishonesty and may make use of this information against you in trial.
