What is a Personal Injury Lawsuit?
If you've been injured due to another's 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 dispute in which the plaintiff seeks money to cover their losses, including medical expenses, lost wages, property damage, and other costs. The process can last between a few months and several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the injured party and the defendants are responsible. Personal injury cases may include cases of wrongful death when someone dies due to the negligence or wrongful actions of others.
Damages are usually divided into two categories: 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 like medical bills and compensation for pain and suffering. Punitive damages are not common and are intended to penalize the wrongdoer for extreme conduct.
The first type of damages is typically referred to as "economic damages." This includes 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 costs. In certain cases other expenses such as the cost of traveling to and from appointments or modifications made to your home due to permanent disabilities may be included in a claim.
Non-economic losses are often described as "pain and suffering" damages. These damages are harder to quantify and include the emotional distress and mental anguish that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to estimate the value of the damages. This could be based on the ability to continue enjoying the activities you used to do or your loss of connection with family members.
Statute of limitations
A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file a lawsuit before a certain date or the claim will be dismissed. This is to protect evidence from being lost or forgotten and to stop people from drag out incident-related litigation indefinitely.
The exact duration of the time limit differs from one state another, but the majority of personal injury claims have a limit of two to four years. There are some exceptions to the time period for filing an injury claim. If you require assistance in determining whether your case falls within one of these exceptions, then it is recommended that you seek legal advice.
One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. But, it's important to allow yourself enough time to pursue legal action in the event that insurance negotiations do not take place as planned or if there is a problem that cannot be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be evaluated on a case-by case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil action brought by an injured person against the person or entity that caused the injury. It claims that the defendant breached their duty of care and the breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.
The first document filed in a personal injury lawsuit is called the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. It also includes a "prayer for relief" that describes what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must respond to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical documents 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 representatives to get the best settlement possible.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove you suffered injuries in your accident and that the injuries are worth an amount of money.
This could be a long process, but the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In the case of a trial before jurors the lawyer will argue that the defendant is at responsibility and the need to be held accountable for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop them from settling your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is typically the first time your case will have deadlines established by the Court itself. This is also when your lawyer will discuss the issue with the defense.
A judicial registrar, also known as an official from the court staff, typically conducts preliminary conferences. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to attend in person. If, however, a person is unable to attend in person they may participate via phone or internet with the approval of the convenor. If your case is 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 categories which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and 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 time both sides exchange information in the form of written demands for discovery and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
The court must review a Bill of Particulars before it is allowed to be enforced. In general, a court will only abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. accident injury lawyers near me .D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will not allow a new theory to be added at a point in the case that is unreasonable late. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation for the delay of this amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction may be to question why a doctor who does not know you, your medical history, and the details of your accident is being requested to conduct an exam. However, this kind of examination is actually an obligation under Washington law, and it can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their aim is to offer a different perspective on your injuries. These doctors, sometimes called "independent", have their own agendas and financial interests in reducing the amount of compensation that is paid to victims.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give the doctor with a copy of all relevant 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 these doctors. They are trained to detect fraud, and may utilize this information in court.