What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you could be eligible for compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay money for damages related to an accident. The plaintiff is the injured party and the defendants are responsible. Personal injury cases can include wrongful death claims when someone dies because of the 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 make the victim whole for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages are uncommon and designed to punish the offender for extreme behavior.
The first type of damages is usually called "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish caused by accidents. Your lawyer will help you value these damages based on the severity of your injuries. This may be based on your capacity to perform the things you were previously able to do or your loss of consortium with your family.
Statute of limitations
A legal principle known as the statute of limitation stipulates that anyone injured in an accident file a lawsuit before a certain date or their claim will be dismissed. This is to protect evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely.
The exact time limit varies from one state to another, but most personal injury claims have a time limit of between two and four years. However there are exceptions that may extend the time that a victim must make a claim, and they should seek legal advice for assistance in to determine if their case falls within one of these exceptions.
One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. Even so, it is important to leave yourself enough time to take legal action in the event that negotiations do not take place as planned or if an issue arises that can't be addressed by the insurance system.
Certain circumstances may stop the statute of limitations clock however, these situations are very rare and have to be analyzed on an individual case-by-case basis. For instance the statute of limitations might not begin to run until a victim discovered or should have reasonably discovered that their injury was caused by a negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It alleges that the defendant violated a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages.
The complaint is the primary document that is filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that caused your injuries as well as the damages you are seeking. The complaint also contains the "prayer of relief" which describes 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.
The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence we have will also assist us in negotiate with the defense attorneys or insurance agents to get the best possible settlement offer.
injury and accident lawyer
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 that you suffered injuries in your accident and that the injuries are worthy of the amount of financial compensation.
This could be a long process, but the trial is where you can finally determine whether you'll receive the compensation you deserve. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from paying you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a court. This is also the time when your attorney will be discussing the issue with the defense.
A judicial registrar, also known as a member from the court staff, usually conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls within one of three categories - advanced standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe can be extended by the court). Once the Answer is filed, the case is moved into the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document is a legal declaration of claims 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 being made, so that they can prepare for trial.
The court must look over the Bill of Particulars before it is allowed to be enforced. In general, a court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence 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 upheld the motion to strike all references to intentional or willful acts in a medical negligence case.
The court will also not allow a new theory to be added at a stage in the litigation that is unreasonable late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you and your medical history and the particulars of your accident is being required to conduct an examination. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to offer a different perspective to your injuries. These doctors, who are sometimes called "independent" and have their own goals and financial interests in reducing the compensation that can be awarded to injured victims.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide a copy to the doctor of all relevant medical records. Your lawyer will also be present at the IME and will ensure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is crucial to not play with the severity of your injuries to these doctors, as they are trained to spot fraud and could utilize this information against you in trial.