What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have suffered injuries due to the actions or inactions of another person. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal process which is filed to compel another person, or entity to compensate you for damages resulting from an accident. The person who is injured is referred to as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases can also 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. YouTube are intended to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills and compensation for pain and suffering. Punitive damages, which are very rare and are designed to punish the wrongdoer if they have committed extreme crimes.
The first type of damages is usually known as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims may also include additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic damages are also described as "pain and suffer" damages. They are more difficult to quantify and are a result of the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer will help you value these damages based on the extent of your injury. This may be based on your capacity to perform the activities you used to or your loss in consortium with family.
Statute of limitations
A legal principle known as the statute of limitation obliges anyone injured in an accident must file an action before a specific date or the claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The exact time limit differs from one state another, but the majority of personal injury lawsuits have a time frame of between two and four years. However, there are exceptions that may extend the time a victim has to make a claim, and they should seek legal advice when to determine whether or not their case falls into one of the exceptions.
The statute of limitations applies only to lawsuits filed in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. However, it is important to leave yourself plenty of time to take legal action just in case insurance negotiations don't go as planned or an issue arises that cannot be addressed by the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case by case basis. The statute of limitations may not be established until the victim discovers or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. It alleges that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses.
The complaint is the primary document that you file in a personal injury lawsuit. It includes specific allegations about the incident that led to your injuries as well as the damages you want. It also includes the "prayer for relief" which outlines what you would like the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within a set of time frames and either accept or deny all allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence including medical records and testimony from witnesses. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence we gather will also assist us in negotiate with the defendants' lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that these injuries are worthy of an amount of money.
It's a long procedure, but it's at the trial that you'll find out if you receive the damages you are entitled to. In the trial before the jury, your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is usually 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.
Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. Unless the case is being handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. However, if a party cannot attend in person, they are able to participate via telephone or on the internet with the permission of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three categories which are expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives permission). When the Answer is filed, the case moves into what is known as the discovery phase. During this stage, both parties exchange information through written discovery demands and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document details the legal claims being made as well as the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can prepare effectively for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally, the court will only accept 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 example was a case in which the court found that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to intentional and willful actions from a medical malpractice claim.
Similarly, the court will not allow introduction of a new theory of recovery at a disproportionately late stage in the case. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason why a doctor who does not know you and your medical history and the details of your injury is requested to conduct an exam. This type of exam is required by Washington law, can be beneficial to your case.
IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their aim is to offer a different perspective on your injuries. Although they are sometimes called "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in reducing the amount of compensation that can be given to a victim of injury.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will provide copies of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is crucial to avoid playing around with the severity of your injuries with the doctors, since they are trained to spot fraud and could utilize this information against you at trial.