What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you may be able to recover compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay you money for damages related to an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can also include the wrongful death of a person who dies due to negligence or wrongful actions of others.
A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are rare and are designed to punish the perpetrator for committing extreme acts.
The first category of damages is often known 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 as well as doctor's fees and therapy costs. In some instances, additional expenses like the cost of travelling to and from appointments, or modifications made to your home for permanent disabilities could be included in the claim.
Non-economic damage can also be called "pain and suffer" damages. These damages are harder to quantify, and comprise the emotional distress and mental stress that an accident can cause. Your lawyer will assist you to value these damages based on the severity of your injuries. This could be based on the capacity to perform the activities you used to or your loss in consortium with your family.
Statute of limitations
A legal rule known as the statute of limitation stipulates that anyone injured in an accident file a lawsuit before a certain date or their claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to prevent people from dragging out litigation related to an incident for a long time.
The exact time limit is different from one state to another, but most personal injury claims have a time limit of two to four years. There are certain exceptions to the to file a claim. If you need assistance in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still important to give 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 is not resolved by insurance.
Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be evaluated on a case-by case basis. The statute of limitations may not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant is liable for those damages.
The complaint is the first document filed in a personal injury case. It includes specific allegations regarding the incident that caused your injuries as well as the damages you are seeking. The complaint also contains a "prayer of relief" that outlines what you want the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within certain deadlines and either admit or deny all allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we collect can also assist us to negotiate with the defense attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for 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 a trial before the jury, your lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to compensate you for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is the first time your case is subject to deadlines set by a court. It is also the time that your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. All participants must attend the preliminary 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 can permit them to participate via phone or online. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls into one of the three classifications - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline may be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. In this phase the parties exchange information in the form of written demands for discovery and depositions.
accident and injury lawyers prepares the Bill of Particulars at the end of discovery. The document is a legal declaration of 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 made, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, courts will only comply with 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 instance was a case in which the court concluded that the plaintiff was not negligent. 1994) the court granted the motion to strike references to willful and intentional acts from a medical malpractice claim.
Similarly, the court will not allow addition of a new theory of recovery at an unreasonable late point in the action. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the delay in the amendment.
Physical Examination
You may question why a doctor who doesn't know you, or your medical history and isn't familiar with the details of your accident, would be required to conduct a medical exam. However, this type of exam is actually required under Washington law, and can be helpful in your case.
IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their goal is to provide an alternative perspective on your injuries. These doctors, who are often referred to as "independent" are able to have their own agendas and financial interests in reducing the amount of compensation that is paid to victims.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide a copy of all relevant medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is essential to avoid playing around with the severity of your injuries to the doctors, since they are trained to recognize the deceit and may use this information against you in trial.