What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, including medical bills, lost wages property damage and other expenses. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the victim, and the defendants are the ones accountable. Personal injury cases can also include wrongful death claims when someone dies because of the inattention or negligence of others.
Damages are usually divided into two categories: compensatory and punitive. 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, are meant to punish the wrongdoer when they have committed a number of extreme crimes.
The first category of damages is typically called "economic damages." This covers all out-of-pocket expenses associated with the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. Certain claims could also include additional costs, like the cost of travel to and from appointments, or modifications to your home to accommodate a permanent disability.
Non-economic damages are also referred to by the term "pain and suffer" damages. These damages 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 assist you to determine the value of the damages. It could be based on your capacity to continue enjoying the activities you previously enjoyed or the loss of your relationship with family members.
Statute of limitations
In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a specified time or the claim will be dismissed by the courts. This is to prevent evidence from being lost or lost in the shuffle and to stop people from carrying out litigation related to an incident for a long time.
The exact duration of time varies between states, however personal injury claims generally have a two-to four-year limit. There are certain exceptions to the time period for filing claims. If you need assistance to determine if your claim falls within one of these exceptions, then 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 a lawsuit in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. Even so, it is crucial to give yourself enough time to pursue legal action in the event that insurance negotiations don't 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 cases are rare and generally need to be evaluated on an individual basis. For example, the statute of limitations might not begin to run until a victim has discovered or should have reasonably discovered that their injuries were caused by a negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It 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 complaint is the initial document that you file in a personal injury lawsuit. It contains detailed allegations about the incident that caused your injuries, and the damages you want. The complaint also includes the "prayer of relief" which describes what you would like the court to do. The summons and complaint should be delivered to the defendant.
After the complaint is filed, the defendant has to respond to the complaint within a specified time frame, 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 by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as 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 of the defendant or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you were injured in your accident and that the injuries are worthy of financial compensation.
This could be a long process however, the trial is where you will be able to determine if you'll receive the compensation you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from paying you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is usually the first time your case will have deadlines set by the Court itself. This is also the time when your attorney will be discussing the matter with the defense.
Preliminary meetings are usually held by a judicial registrar or a member of the court's staff. Unless the case is handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to attend in person. If a person is unable to attend in person, the convenor may permit them to attend via phone or via the internet. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls within one of three categories - advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants who are named in the lawsuit have twenty or thirty days to file an Answer (although this deadline can be extended if the court gives permission). After the Answer is filed, the case is moved into the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document outlines the legal claims being made and the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
The court must examine a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court 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 neglect that are being asserted, and not add any new claims. For instance in Linker v. Baton Rouge injury attorneys , 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical malpractice case.
The court will also not permit a new theory to be introduced at a point in the case that is unreasonablely late. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the delay of this amendment.
Physical Exam
If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you or your medical history and the details of your injury is required to conduct an examination. This type of examination is required under Washington law, could be beneficial to your case.
IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their goal is to provide an alternative view of your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies have their own agendas and financial stake in decreasing the amount of compensation that could be granted to a victim who has been injured.
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 and will provide copies 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 consistent with your medical records. It is important to not play up or down the extent of your injuries with the doctors, since they are trained to recognize fraud and could use this information against you at trial.