What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be entitled to compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, which include medical expenses, lost wages, property damage and other expenses. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is used to force another individual or entity, to pay you for the damages that result from an accident. The plaintiff is the victim and the defendants are the ones accountable. Personal injury cases may include wrongful death claims when someone dies due to negligence or wrongdoing of others.
Damages are typically classified into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior.
This category covers all expenses caused by the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. In certain cases, additional expenses like the cost of travel to and from appointments, or changes to your home for permanent disabilities may be included in an insurance claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. They are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering caused by accidents. Your lawyer will help you evaluate these damages based upon the severity of your injuries. This may be based on your ability to do things you did before or your loss in consortium with 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 else their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out indefinitely.
The exact time limit varies from one state to another, but most personal injury lawsuits have a time frame of two to four years. However there are additional reading that can extend the amount of time a victim has to make a claim, and they should seek legal advice for assistance in to determine if your case falls under one of these exceptions.
One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit 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 take legal action in the event that insurance negotiations don't follow the plan or an issue arises that cannot be resolved through the insurance system.
Certain circumstances can stop the statute of limitations clock however, these situations are very rare and have to be analyzed on an individual basis. The statute of limitations may not begin until the victim realizes or should have realized that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. It alleges that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages.
The complaint is the initial document that is filed in a personal injury case. It contains detailed allegations about the incident that caused your injuries and the damages you want. It also contains the "prayer for relief" which outlines what you want the court to do. The summons and complaint should be delivered to the defendant.
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 another defendant to the case as a third party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused 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 can be a lengthy process, but it's at the trial that you'll finally know if you will receive the damages you deserve. In a trial before the jury the lawyer will argue for the defendant's 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 keep them from having to compensate you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time that your case has deadlines set by a judge. This is also the time when your attorney will be discussing the issue 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 is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person they may participate via telephone or on the internet, with the consent of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three classifications - expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline can be extended with the court's permission). Once the Answer has been filed, the case moves into the discovery phase. In this phase, both parties exchange information through written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. This document outlines legal claims and the relief sought - usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical malpractice case.
The court will also not permit a new theory to be added at an stage in the litigation that is unreasonablely late. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.
Physical Examination
You might be wondering why a doctor, who doesn't know you or your medical history and is unfamiliar with the details of your accident, would be asked to conduct a medical examination. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer an alternative perspective on your injuries. While they are sometimes referred to as "independent," these physicians as well as insurance companies - have their own agenda and financial stake in cutting down on the amount of compensation that could be given to a victim of injury.
If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide the complete set of medical records for the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is essential to avoid playing with the severity of your injuries to the doctors, since they are trained to recognize the deceit and may utilize this information against you at trial.