What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be eligible for compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This can include medical bills or lost wages, as well as property damage. The process can run from a few months to several years.
Damages
A personal injury lawsuit is an action to force 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 responsible parties are called defendants. Personal injury cases may include wrongful death claims when someone dies because of the inattention or negligence of others.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct.
The first category of damages is typically called "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic damages are commonly referred to as "pain and suffering" damages. These damages are harder to quantify, and include the emotional distress and mental anguish that an accident can cause. Your lawyer will help you value these damages based on the severity of your injury. This may be based on your capacity to perform the things you were previously able to do or your loss in consortium with your family.
Statute of limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident must file an action before a specific date or the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact time frame varies from state to state, however, personal injury claims typically have a two-to four-year time limit. However, there are exceptions that may extend the amount of time a victim has to file their claim and they should seek legal advice for assistance in to determine whether or not their case falls within one of these exceptions.
The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. It is still essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises which cannot be resolved through insurance.
Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by-case basis. For example, the statute of limitations may not start to run until a victim has discovered or ought to have realized that their injury was caused by another person'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 who caused the injury. The plaintiff claims that the defendant breached a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages.
The complaint is the initial document that you file in a personal injury lawsuit. It contains detailed allegations about the incident that led to your injuries, as well as the damages you seek. The complaint also includes a "prayer of relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must file an answer to the complaint within a certain timeframe, and will either admit or deny the allegations made in the complaint. The defendant may 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, which includes medical records and witness testimony. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance companies to negotiate 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 be able to prove that you sustained injuries from your accident, and that those injuries warrant financial compensation.
This could be a long process however, the trial is when you will be able to determine if you'll get the damages you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a court. It is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, also known as an official from the court staff, typically holds preliminary conferences. All parties must attend the initial conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, they can participate via phone or internet with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame may be extended by the court). Once the Answer is filed, the matter moves into what is called the discovery phase. During this time the parties exchange information in the form of written demands for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details the legal claims being made and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, courts will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out any references to willful or intentional actions in a medical malpractice case.
The court will not allow the addition of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing listen to this podcast , any late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment.
Physical Exam
If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME), your natural first instinct may be to question the reason a doctor who may not know you, your medical history, and the details of your injury is requested to conduct an exam. But, this type of examination is actually a requirement under Washington law, and 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 provide a different view of your injuries. These physicians, who are sometimes referred to as "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation that is awarded to injured victims.
Your Orange County personal injury attorney will ensure that you are aware of 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 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 these doctors. They are trained to spot dishonesty, and could utilize this information in court.