What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have been injured due to the actions or inactions of a third party. Contact an experienced 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 compensate 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 compensation for the damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the parties accountable are known as defendants. Personal injury cases can also include the wrongful death of a person who dies due to inattention or negligence of others.
A victim's damages are typically broken down into two groups that are punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the wrongdoer when they have committed a number of extreme acts.
The first category of damages is often referred to as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. Some claims could also cover additional costs, like travel costs to and from appointments, or modifications to your home to accommodate a permanent disability.
Non-economic damages are commonly referred to as "pain and suffering" damages. These damages are harder to quantify, and comprise the emotional distress and mental stress that an accident can cause. Your lawyer will help you determine the value of these damages based on the extent of your injury. This could be based on the ability to participate in activities that you previously enjoyed or your loss of connection with family members.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must make a claim within a specific time period or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The exact length of time for filing a claim differs from state to state, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the period for filing an injury claim. If you need help determining if your case is one of these exceptions, it is recommended to seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is still essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare 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 ought to have realized that their injuries were caused by another person's negligent actions, 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 the victim against the party who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is then held responsible for these damages.
The complaint is the initial document that is filed in a personal injury lawsuit. It provides detailed details about the incident that caused your injuries as well as the damages you are seeking. The complaint also contains a "prayer of relief" which outlines what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant must submit an answer to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is built 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 help 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 lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a court. It is also the time when your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. Unless the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the parties are required to attend in person. If a party is not able to attend in person, the convenor can allow them to participate by phone or online. If click over here is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls under one of three categories: advanced standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). Once the Answer has been filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written demand for discovery and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines the legal claims being made as well as the relief requested - typically 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 can effectively prepare for trial.
The court must look over the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain 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 malpractice case.
The court will also not allow a new doctrine to be added at any point in the action that is unreasonably late. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Exam
If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME) the first reaction might be to ask the reason why a doctor who does not know you, your medical history, and the specifics of your accident is being required to conduct an examination. This type of exam, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to offer a different perspective to your injuries. While they are sometimes described as "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in reducing the amount of compensation that can be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraud, and may make use of this information in a trial.