What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you could 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 dispute in which the plaintiff seeks money to cover their losses, which include medical bills, lost wages, property damage and other expenses. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal action that is used to force another individual or entity to pay you compensation for damages caused by an accident. The injured party is known as the plaintiff while the parties accountable are known as defendants. Personal injury cases may include cases of wrongful death when someone dies due to negligence or wrongdoing of others.
The damages a victim suffers are usually broken down into two groups that are punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are very rare and are intended to punish the wrongdoer if they have committed extreme crimes.
This category includes all expenses caused by the injury or accident. This could include doctor's fees or hospital costs, as well as physical therapy costs. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages are often described as "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Your lawyer can help you determine the value of these damages based on the extent of your injury. This could be based on the ability to carry out the things you did before or your loss of a relationship with family.
Statute of limitations
A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file a lawsuit before a certain date or else the claim will be dismissed. This is done to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out indefinitely.
The exact duration of time varies from state to state however, personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the time limit for filing an injury claim. If you require assistance to determine if your claim is one of these exceptions, it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of an action in a court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to bring 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 extremely rare and have to be considered on a case-by case basis. For instance, the statute of limitations might not start running until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. It claims that the defendant breached a duty of care, and that the 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 case. It includes specific allegations regarding the incident that led to your injuries and the damages you want. The complaint also contains a "prayer of relief" which outlines what you want the court to do. The complaint and summons must be delivered to the defendant.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific timeframe, and may either deny or admit the allegations in the complaint. The defendant can also file a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we collect will also assist us in negotiate with defendants' attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that the injuries are worth the amount of financial compensation.
It's not an easy process, but it is at the trial that you'll finally know if you will get the compensation you are entitled to. In the trial before the jury your lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will argue that their actions are not related to the accident, which prevents them from having to reimburse you for your losses.
Before proceeding 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 case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. Unless the case is being handled by New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. If a person is unable to attend in person, the convenor is able to permit them to attend via phone or via the internet. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories: expedited standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives approval). When the Answer is filed, the case enters what is called the discovery phase. In this stage, both parties exchange information via written demands for discovery and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines the legal claims that are being made and the relief requested - typically 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 they can prepare effectively for trial.
The court must review a Bill of Particulars before it can be complied with. In general, a court will only accept a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court concluded that the plaintiff was not negligent. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical malpractice case.
Similarly, Anchorage injury lawyer will not allow the addition of a new theory of recovery at an unreasonable late point in the action. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the lateness of the amendment.
Physical Exam
If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you and your medical history and the particulars of your injury is requested to conduct an exam. This type of examination is required by Washington law, 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 goal is to offer a different perspective to your injuries. These doctors, who are sometimes called "independent" and have their own agendas and financial interests in reducing the amount of compensation which is given to victims of injuries.
If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide a copy of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will ensure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones in your medical records. It is essential to not play up or down the severity of your injuries with these doctors, as they are trained to spot the deceit and may make use of this information against you at trial.