What is a Personal Injury Lawsuit?
You may be eligible for compensation if you have suffered injuries due to the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to cover their losses, including medical bills, lost wages, damages to property and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal action that is used to force another individual or entity to compensate you compensation for damages caused by an accident. The injured party is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury lawsuits.
The damages a victim suffers are usually broken down into two groups that are punitive and compensatory. Compensation damages are designed to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for suffering and pain. Punitive damages, which are rare, are meant to punish the wrongdoer for committing extreme actions.
The first category of damages is often referred to as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include doctor's bills as well as hospital expenses and physical therapy expenses. In some instances, additional expenses like the cost of travel to and from appointments, or changes to your home due to permanent disabilities can also be included in the claim.
Non-economic losses are often described as "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Your lawyer will help you value these damages based on the severity of your injuries. This might be based on the ability to participate in activities that you were previously able to enjoy or the loss of your relationship with family members.
Statute of Limitations
A legal requirement known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time.
The exact duration of time differs from state to state but personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time limit for filing an injury claim. If you require assistance determining if your case is one of these exceptions, then 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 an action in a court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. It is important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be assessed 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 some states, like New York, it is different for claims 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 the breach caused harm and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed with a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also contains an "prayer of relief" that outlines what you want the court to do. The complaint and summons must be handed over to the defendant.
After the complaint is filed, the defendant is required to respond to the complaint within a specific time period, and they may either deny or admit the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that the injuries are worth the amount of financial compensation.
This can be a long process however, the trial is where you can finally determine whether you'll be awarded the damages you deserve. In the case of a trial before a jury, your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will argue that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also the time where your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or an individual from the court's staff. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. However, if a party is unable to attend in person they can participate via telephone or on the internet, with the consent 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 complicated or expedited standard.
You Tube of Particulars
After a summons or complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline can be extended with the court's approval). When the Answer is filed, the case enters what is called the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. This document provides the legal claims being made and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can effectively prepare for trial.
The court must review the Bill of Particulars before it can be complied with. Generally speaking, the court will only abide by 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 must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded that the plaintiff was not negligent. 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 not allow introduction of a new theory of recovery at an unreasonable late point in the action. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed when supported by an affidavit that provides an acceptable explanation for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you or your medical history and the specifics of your accident is being requested to conduct an exam. This type of examination, which is required by Washington law, can be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurance company of the defendant. Their goal is to offer a different view of your injuries. Although they are sometimes called "independent," these physicians, just like insurance companies have their own agendas and financial interest in decreasing the amount of compensation that may be granted to a victim who has been injured.
If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is important to not play up or down the extent of your injuries with these doctors, as they are trained to spot the deceit and may make use of this information against you at trial.