What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages damages to property and other expenses. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. When someone dies as a result of inattention or negligence of others the wrongful death case are often included in personal injury claims.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior.
This category covers all expenses incurred as a result of the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. In some instances other expenses such as the cost of traveling to and from appointments, or changes to your home for permanent disabilities could be included in the claim.
Non-economic losses are often called "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering caused by accidents. Your lawyer will help you value these damages based on the severity of your injuries. This could be based on the capacity to perform the things you did before or your loss of consortium with family.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who is injured in an accident must file a lawsuit within a certain time frame or else their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The exact time limit varies from one state to another, but most 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 you require assistance in determining whether your case is one of these exceptions, it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in a court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. Even so, it is important to leave yourself enough time to file a lawsuit in the event that negotiations fail to take place as planned or if an issue arises that can't be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations however, these situations are rare and generally need to be analyzed on an individual case-by-case basis. For instance 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 a negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant violated their duty of care and that the breach caused damage and losses for the plaintiff. The defendant is then held accountable for the losses.
The complaint is the primary document that you file in a personal injury lawsuit. It provides detailed details about the incident that caused your injuries as well as the damages you seek. The complaint also includes the "prayer of relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant must file an answer to the complaint within a certain timeframe, and must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence including 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 will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from 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're entitled to. In the case of a trial before jurors your lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to reimburse you for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is usually the first time that your case will be subject to deadlines set by the Court itself. This is also the time when your attorney will be discussing the issue with the defense.
Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. Modesto injury lawsuit youtube.com must attend the preliminary conference in person, unless the case is handled in accordance with 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 attend via phone or online. If your case is to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three classifications - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the case enters what is known as the discovery phase. During this phase both parties exchange information via written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. This document outlines the legal claims that are being made and the relief sought - usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they can prepare effectively for trial.
The court must examine the Bill of Particulars before it is able to be followed. Generally speaking, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff had not been negligent. In 1994, the court affirmed a motion to strike any references to willful or intentional actions in a medical malpractice case.
In the same way, the court will not permit the introduction of a new doctrine of recovery at an unreasonably late point in the action. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this amendment.
Physical Exam
You may question the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. However, this kind of examination is actually a requirement under Washington law, and it can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and aim to offer an alternative view of your injuries. These doctors, sometimes called "independent" and have their own agendas and financial interests in reducing the compensation that is awarded to injured victims.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is crucial to avoid playing with the severity of your injuries with the doctors, since they are trained to recognize fraud and could make use of this information against you in trial.