What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have been injured due to the actions or inactions of another person. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, such as medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are accountable. If someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury lawsuits.
Damages are typically classified into two categories: compensatory and punitive. Compensation damages are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior.
This category covers all costs incurred as a result of the injury or accident. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances, additional expenses like the cost of travelling to and from appointments, or modifications to your home to accommodate permanent disabilities could be included in a 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 emotional distress, mental anguish and suffering that an accident can cause. Depending on the severity of your injuries, your lawyer will help you place a value on these damages. This could be based on your ability to enjoy activities you used to do or your loss of consortium with family members.
Statute of limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident should file an action before a specific date or their claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The exact length of time for filing a claim is different from state to state, but personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the time limit for filing an injury claim. If you require assistance determining if your case falls under one of these exceptions, then it is best to seek legal advice.
The statute of limitations applies only to lawsuits that are filed in the court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, it's crucial to give yourself enough time to file a lawsuit in the event that negotiations do not take place as planned or if an issue arises that cannot be easily addressed through the insurance system.
Certain circumstances may stop the clock on the statute of limitations however, these situations are extremely rare and need to be analyzed on an individual basis. For example the statute of limitations might not begin to run until a victim has discovered or reasonably should have discovered that their injury was caused by another person's negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. The plaintiff claims that the defendant violated their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is held responsible for these damages.
The complaint is the primary document that you file in a personal injury case. It includes specific allegations regarding the incident that caused your injuries as well as the damages you are seeking. It also contains a "prayer for relief" that describes what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant must file an answer to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. accident injury law firms can also file a counterclaim, or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is built on solid evidence, including 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 companies to negotiate the best settlement possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove you were injured in the accident and that the injuries are worth financial compensation.
It's a long process, but it's at the trial that you will be able to determine if you be awarded the compensation you deserve. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent the defendant from paying for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is usually the first time your case will be subject to deadlines established by the Court itself. This is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or an individual from the court staff, typically holds preliminary conferences. All parties must attend the initial conference in person, unless the case is handled by 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 telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories: expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants named in the lawsuit have twenty or thirty days to file an Answer (although this deadline can be extended if the court gives permission). Once the Answer is filed, the case is moved to what is called the discovery phase. In this stage, both parties exchange information via written demands for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details legal claims 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 filed so that they can prepare effectively for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, courts will only abide by 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 include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff was not negligent. 1994), the court sustained a motion to strike all 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 a disproportionately late stage in the litigation. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you, your medical history, and the details of your injury is required to conduct an examination. This type of examination is required by Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurer of the defendant. They are there to offer a different perspective on your injuries. These doctors, often referred to as "independent" are able to have their own agendas and financial stakes in reducing the compensation that can be paid to victims.
If you decide to go through an IME the 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 for the doctor to examine. 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 these doctors, as they are trained to spot the deceit and may make use of this information against you in trial.