What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you could be entitled to compensation. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages, property damage, and other costs. The process can run 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 pay you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are accountable. If someone dies as a result of carelessness or infractions committed by others the wrongful death case can be included in personal injury lawsuits.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are not common and are intended to punish the wrongdoer if they have committed extreme actions.
The first type of damages is often referred to as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. 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 changes to your home for permanent disabilities may be included in an insurance claim.
Non-economic damages are often referred to as "pain and suffering" damages. YouTube are more difficult to quantify, and include the emotional stress and mental stress that accidents can cause. Based on the extent of your injuries, your lawyer will help you place a value on these damages. This may be based on your ability to do activities you used to or your loss of a relationship with your family.
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 their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for a long time.
The exact length of time for filing a claim varies from state to state, but personal injury claims typically have a two-to four-year limit. However, there are exceptions that can extend the amount of time required for a victim to file their claim and they should seek legal advice for help to determine if their case falls into one of the exceptions.
The statute of limitations only applies to lawsuits filed in the court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself plenty of time to pursue legal action in the event that negotiations don't go as planned or there is a problem that cannot be resolved through the insurance system.
A few circumstances can pause the statute of limitations clock however these cases are extremely rare and need to be analyzed on an individual case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury resulted from someone else's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care and that this 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 called the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also includes the "prayer of relief" which outlines what you want the court to do. The complaint must be served on the defendant along 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 specific timeframe, and must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical documents and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
It's a long process, but it's at the trial that you'll be able to determine if you receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to pay you for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is usually the first time your case will have deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the issue with the defense.
A judicial registrar, or an official of the court staff typically conducts preliminary conferences. Unless the case is being handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If a party is not able to attend in person, the convenor is able to permit them to participate via phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under 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 between twenty and thirty days (although this timeframe may be extended by the court). Once the Answer has been filed, the case moves into what is called the discovery phase. In this phase both parties exchange information through written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. The document details the legal claims being made as well as the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.
The court must look over the Bill of Particulars before it is able to be followed. In general, a court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not permit a new theory to be added at an point in the action that is unreasonable late. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit stating an adequate explanation for the delay in the amendment.
Physical Examination
You might be wondering the reason why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your incident, would be required to conduct a medical examination. But, this type of exam is actually an obligation under Washington law and can be helpful in your case.
IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their aim is to offer a different view of your injuries. These physicians, who are often referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that is given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give an IME doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.