What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be eligible for compensation. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the injured party and the defendants are accountable. When someone dies as a result of carelessness or infractions committed by others In wrongful deaths, the case are often included in personal injury lawsuits.
The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.
The first type of damages is usually known as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These may include hospital expenses as well as doctor's fees and therapy costs. In some cases, additional expenses like the cost of travelling to and from appointments, or modifications made to your home due to permanent disabilities can also be included in a claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are harder to quantify and include the emotional stress and mental stress that accidents can cause. Based on the severity of your injuries, your lawyer will help you estimate the value of these damages. This could be based on the capacity to perform the activities you used to or your loss of a relationship with your family.
Statute of limitations
A legal rule known as the statute of limitation requires that anyone who is injured in an accident should file a lawsuit before a certain date or their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period.
The time frame for filing a claim varies from one state to another, but most personal injury claims have a time frame of between two and four years. There are some exceptions to the time to file an injury claim. If you need help in determining whether your case falls under one of these exceptions, it is recommended to seek legal advice.
A key aspect 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 resolve injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance.
A few circumstances can pause the clock of the statute of limitations however, these situations are extremely rare and need to be analyzed on a case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It asserts that the defendant breached their duty of care and that this breach resulted in harm and losses for the plaintiff. The defendant is held responsible for these damages.
The complaint is the primary document that you file in a personal injury lawsuit. It provides detailed details concerning the incident that led to your injuries, as well as the damages you are seeking. The complaint also contains a "prayer of relief" that outlines what you want 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 is required to respond to the complaint within a specific time period, and they may either deny or admit the allegations 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 based on solid evidence, including medical documents and witness testimony. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence we collect can also assist us to negotiate with defendants' attorneys or insurance companies 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 suffered injuries due to your accident and that those injuries warrant financial compensation.
This could be a long process, but the trial is when you can finally determine whether you'll be awarded the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for the losses you suffered. The defendant will provide evidence that their actions are not related to the accident, which prevents them from having to reimburse you for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is the first time your case is subject to deadlines set by a court. It is also the time that your attorney will discuss the case with the defense.
A judicial registrar, or a member of the court staff typically conducts preliminary conferences. Unless the case is being handled by the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. If, however, a person is unable to attend in person they are able to participate via telephone or on the internet, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls into one of three categories - expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants who are named in the lawsuit have twenty or thirty days to file an Answer (although this deadline may be extended with the court's approval). Once the Answer has been filed, the case moves into what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. This document provides the legal claims that are being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they is able to effectively prepare for trial.
The court must look over a Bill of Particulars before it can be complied with. In general, the court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add 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 references to intentional or willful acts in a medical malpractice case.
The court will also not allow a new theory to be added at an point in the case that is unreasonable late. To avoid prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment.
Physical Examination
When a defense attorney or insurance company demands that you attend 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. However, this kind of examination is actually an obligation under Washington law, and it could be beneficial in your case.
IMEs are usually conducted by doctors hired by the insurance company of the defendant. Their aim is to provide an alternative perspective on your injuries. Torrance injury attorney , who are often referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that can be awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the doctors questions do not deviate from those in your medical records. It is essential to not play with the severity of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you at trial.