What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you may be entitled to compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another person or entity to pay you compensation for damages caused by an accident. The plaintiff is the victim and the defendants are responsible. If someone dies as the result of the inattention or negligence of others, wrongful death cases are often included in personal injury lawsuits.
The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are rare and are designed to punish the offender for committing extreme acts.
The first type of damages is typically referred to as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments, or modifications to your home to accommodate a permanent disability.
Non-economic damages are often called "pain and suffering" damages. They are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering that an accident can cause. Your lawyer will help you determine the value of these damages based on the severity of your injuries. This could be based on the ability to carry out the things you were previously able to do or your loss in consortium with family.
Statute of limitations
A legal rule known as the statute of limitation stipulates that anyone injured in an accident must file an action within a specified date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period.
The exact time frame varies between states, however personal injury claims generally have a two-to four-year limit. However, there are click for source that can prolong the time a victim has to file their claim and they should seek legal advice for help determining whether or not their case falls into one of the exceptions.
The statute of limitations is only applicable to lawsuits that are filed in the court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises which cannot be resolved through insurance.
Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be evaluated on a case by case basis. For example the statute of limitations might not start running until a victim discovered or reasonably should have discovered that their injury was caused by a negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant violated the duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the losses.
The complaint is the initial document filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries and the damages you are seeking. The complaint also includes a "prayer of relief" that outlines what you want the court to do. The complaint and summons must be handed over to the defendant.
The defendant must respond to the complaint within specific deadlines and either admit or deny all the allegations made in the complaint. The defendant can 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, which includes medical documents and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
This could be a long process, but the trial is when you can finally determine whether you'll get the damages you're entitled to. In a trial before jurors the lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop the defendant from paying for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a court. This is also when your attorney will discuss the issue with the defense.
A judicial registrar, also known as an individual of the court staff typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor may permit them to participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories namely complicated or expedited standard.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). When the Answer is filed, the case is moved to what is called the discovery phase. During this stage both parties exchange information through written discovery demands and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines 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 made so that he or she can effectively prepare for trial.
The court must examine the Bill of Particulars before it is allowed to be enforced. In general, a court will only be able to abide by 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 alleged, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate actions in a medical malpractice case.
The court will also not allow a new doctrine to be added at a stage in the litigation that is unreasonablely late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the lateness of this amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME) the first reaction might be to ask the reason a doctor who may not know you or your medical history and the specifics of your incident is asked to conduct an exam. This type of examination, which is required by Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. They are there to provide an alternative perspective on your injuries. These doctors, who are sometimes called "independent" are able to have their own agendas and financial interests in reducing the compensation that is given to victims of injuries.
If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are well-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 in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may make use of this information in a trial.