What is a Personal Injury Lawsuit?
You could be entitled to compensation if you were injured as a result of the actions or inactions of someone else. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages damages to property and other expenses. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff and the responsible parties are called defendants. If someone dies as the result of negligence or wrongdoing by others, wrongful death cases are often included in personal injury lawsuits.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are not common and designed to punish the wrongdoer for extreme conduct.
This category covers all expenses incurred as a result of the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages can also be called "pain and suffer" damages. They are more difficult to quantify and include the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer will help you determine the value of these damages based on the severity of your injuries. This may be based on your ability to do activities you used to or your loss of a relationship with family.
Statute of limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident must file a lawsuit before a certain date or else their claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period.
The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a time frame of between two and four years. There are some exceptions to the time period for filing claims. If More methods require assistance determining if your case falls within one of these exceptions, it is best to seek legal advice.
The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. It is important to give yourself enough time to start a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem that is not resolved by insurance.
Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by case basis. For example the statute of limitations might not start running until the victim discovers or reasonably should have discovered that their injuries were caused by someone else's negligent actions. In certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant breached their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is held responsible for these damages.
The first document filed with a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries. It also outlines the damages you are seeking. It also contains an "prayer for relief" that describes what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that your injuries are a valid reason for financial compensation.
It's a long process, but it is at the trial that you will finally know if you will receive the damages you are entitled to. In the case of a trial before the jury, your lawyer will argue that the defendant is at liability and that they must compensate you for your losses. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to pay you for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is often 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.
Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. All participants must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to permit them to attend via telephone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories: complicated or expedited standard.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame can be extended by the court). Once the Answer is filed, the case enters what is known as the discovery phase. In this phase both sides exchange information in the form of written discovery demands and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. The document details legal claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that they is able to effectively prepare for trial.
The court must examine the Bill of Particulars before it is allowed to be enforced. In general, the court will only abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all the reference to willful or deliberate acts in a medical negligence case.
The court will not allow a new theory to be added at a point in the case that is unreasonably late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit that provides an adequate explanation for the delay in the amendment.
Physical Examination
When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction might be to ask why a doctor who does not know you or your medical history and the details of your injury is requested to conduct an exam. This type of exam is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to provide a different perspective on your injuries. These doctors, often referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being treated fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could make use of this information in a trial.