What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be entitled to compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages, damages to property and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay you compensation for the damage caused by an accident. The injured party is known as the plaintiff and the parties accountable are known as defendants. When someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury claims.
The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages are rare and designed to punish the perpetrator for their extreme behavior.
This category includes all expenses caused by the injury or accident. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances other expenses such as the cost of travelling to and from appointments, or modifications made to your home due to permanent disabilities can be included in an insurance claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are difficult to quantify, and include the emotional stress and mental stress caused by accidents. Your lawyer will assist you to evaluate these damages based upon the severity of your injuries. This could be based on your ability to continue enjoying the activities you were previously able to enjoy or the loss of your relationship with family members.
Statute of Limitations
A legal requirement known as the statute of limitations stipulates that anyone injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop people from dragging incident-related litigation out indefinitely.
The exact length of time for filing a claim differs from state to state, however, personal injury claims typically have a two-to four-year limit. There are certain exceptions to the time limit for filing an injury claim. If you require assistance in determining whether your case is one of these exceptions, it is best to seek legal advice.
One of the most important aspects of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, it's important to allow yourself enough time to take legal action in the event that insurance negotiations fail to take place as planned or if there is a problem that cannot be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations however these cases are very rare and have to be evaluated on an individual case-by-case basis. For example the statute of limitations may not start to run until a victim has discovered or should have reasonably discovered that their injury was caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It claims that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that caused your injuries and outlines the damages you are seeking. The complaint also includes the "prayer of relief" that outlines what you would like the court to do. The summons and complaint must be handed over to the defendant.
The defendant must respond to the complaint within a set of time frames and either accept or deny all the allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We collaborate 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 defendant's attorneys 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 you were injured in the accident and that your injuries are worth the amount of financial compensation.
This can be a long process, but the trial is when you will be able to determine if you'll get the damages you deserve. In the case of a trial before a jury, your lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to pay you for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time your case will be subject to deadlines imposed by a court. This is also the time when your lawyer will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If a person is unable to attend in person, the convenor may permit them to attend via telephone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories namely complicated or expedited standard.
Bill of Particulars
After a complaint and summons are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to respond (although this deadline may be extended if the court gives consent). After the Answer is filed, the case moves into what is called the discovery phase. In this phase, both sides exchange information in the form of written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she can effectively prepare for trial.
The court must look over the Bill of Particulars before it is able to be followed. In general, a court will only accept the Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and must not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all any references to willful or intentional acts in a medical negligence case.
Similarly, the court will not allow the introduction of a new doctrine of recovery at an unreasonably late stage in the litigation. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit that provides an adequate explanation for the delay in the amendment.
Physical Examination
You might be wondering why a doctor who isn't familiar with you or your medical history and isn't familiar with the details of your accident, should be required to conduct a medical examination. However, this kind of exam is actually required under Washington law, and it can be helpful in your case.
IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their aim is to offer a different view of your injuries. These doctors, sometimes called "independent", have their own agendas and financial stakes in reducing the amount of compensation which is paid to victims.
If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will 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. Hemet injury lawyers should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could make use of this information in a trial.