What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you may be able to recover compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal process that is taken to force another person or entity to compensate you compensation for damages caused by an accident. The party who suffered the injury is known as the plaintiff while the parties accountable are known as defendants. Personal injury cases can also include wrongful death claims when someone dies due to the inattention or negligence of others.
The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages are not common and are intended to penalize the offender for extreme behavior.
This category covers all costs caused by the injury or accident. These could include hospital bills, doctor's fees and physical therapy costs. In some cases, additional expenses like the cost of travel to and from appointments, or modifications to your home due to permanent disabilities can be included in a claim.
Non-economic damages are often called "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish caused by accidents. Your lawyer will assist you to value these damages based on the severity of your injury. This may be based on your ability to do activities you used to or your loss in consortium with family.
Statute of Limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file an action within a specified date or else their claim will be dismissed. This is done to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out indefinitely.
The exact time frame varies from state to state however personal injury claims generally have a two-to four-year limit. There are some exceptions to the time limit for filing claims. If you need help in determining whether your case falls within one of these exceptions, then it is best to seek legal advice.
The statute of limitations applies only to lawsuits filed in the court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. However, it is important to allow yourself plenty of time to pursue legal action just in case insurance negotiations don't follow the plan or an issue arises that can't be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, however they are rare and need to be assessed on a case-by-case basis. For instance the statute of limitations may not start running until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It alleges that the defendant breached the duty of care, and that this breach caused harm and loss 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 lawsuit. It provides detailed details about the incident that led to your injuries and the damages you seek. The complaint also contains the "prayer of relief" which describes what you would like the court to do. The summons and complaint must be handed over to the defendant.
After the complaint is filed, the defendant must submit an answer to the complaint within a specified time frame, and will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit depends on solid evidence such as 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 we collect will also help us to negotiate with defendants' attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation.
This can be a long process, but the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a trial before jurors the lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop the defendant from paying for your losses.
Before you can proceed 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 when your attorney will be discussing the matter with the defense.
A judicial registrar, also known as an official of the court's staff, usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person they can take part via phone or online, with the consent of the convenor. If You Tube will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls under one of three categories: expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties identified in the lawsuit are given twenty or thirty days to file an Answer (although this deadline may be extended with the court's consent). When the Answer is filed, the case is moved to what is known as the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document provides the legal claims being made and the relief requested - typically 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 he or she can effectively prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. In general, courts will only comply with a Bill of Particulars that is not overbroad or vague. 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 instance was a case in which the court found that the plaintiff was not negligent. In 1994, the court upheld the motion to strike out any references to willful or intentional acts in a medical malpractice case.
The court will not allow a new doctrine to be added at a stage in the litigation that is unreasonably late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides an acceptable explanation for the lateness of the amendment.
Physical Examination
You may question why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your accident, would be asked to conduct a medical examination. However, this type of exam is actually an obligation under Washington law, and could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer a different perspective on your injuries. These physicians, who are sometimes called "independent", have their own goals and financial interests in reducing the amount of compensation which is paid to victims.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide a copy of all relevant medical records for the doctor to examine. 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 not play with the severity of your injuries to the doctors, since they are trained to recognize fraud and could use this information against you in trial.