What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you may be entitled to compensation. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases can also include the wrongful death of a person who dies due to the negligence or wrongdoing of others.
The damages of a victim are typically divided into two categories which are: punitive and compensatory. Compensation damages are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses like 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 actions.
The first type of damages is typically known as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments, or modifications to your home to accommodate a permanent disability.
Non-economic damages are commonly described as "pain and suffering" damages. These damages are more difficult to quantify and comprise the emotional distress and mental anguish that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This could be based on the ability to participate in activities that you were previously able to enjoy or the loss of your relationship with family members.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specific time period or else their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out incident-related litigation indefinitely.
The exact duration of time differs from state to state however personal injury claims generally have a two-to four-year time limit. However there are exceptions that may extend the amount of time required for a victim to submit their claim. They should seek legal advice for help to determine if your case falls under one of the exceptions.
The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is important to allow yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned, or if there is a problem that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations, but these instances are extremely rare and need to be considered on an individual basis. For instance, the statute of limitations may not begin to run until a victim has discovered or ought to have realized that their injury was caused by another person's negligence, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. The plaintiff claims that the defendant breached their duty of care and this breach caused damage and losses for the plaintiff. The defendant is held accountable for the losses.
The complaint is the first document filed in a personal injury case. 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" that outlines what you want the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant has to file an answer to the complaint within a certain time frame, and may either deny or admit the allegations in the complaint. The defendant can also bring a counterclaim against 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 with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
It's not an easy procedure, but it's at the trial that you will find out if you get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for the losses you suffered. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is typically the first time your case will be subject to deadlines set by the Court itself. Norwalk injury lawyers You Tube is also the time when your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. All parties must attend the initial conference in person, unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person they are able to participate via phone or internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories namely expedited standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe can be extended by the court). After the Answer is filed, the case moves into the discovery phase. During this time, both sides exchange information in the form of written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. The document details the legal claims being made and the relief sought - usually 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 effectively prepare for trial.
The court must review a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical negligence case.
The court will not allow the introduction of a new theory of recovery at a disproportionately late point in the action. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Exam
You might be wondering the reason why a doctor, who doesn't know you, or your medical history and is unfamiliar with the specifics of your incident, would be asked to conduct a medical examination. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to offer an alternative view of your injuries. While they are sometimes called "independent," these physicians, just like insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that could be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is crucial to not play with the severity of your injuries to the doctors, since they are trained to recognize fraud and could make use of this information against you at trial.