What is a Personal Injury Lawsuit?
If you've been injured through the 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 dispute 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 last 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 plaintiff is the injured party and the defendants are the ones accountable. If someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury claims.
The damages a victim suffers are usually divided into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the perpetrator when they have committed a number of extreme acts.
The first type of damages is usually known as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills, hospital costs and physical therapy expenses. youtube.com could also include additional costs, like the cost of travel to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damages are often described as "pain and suffering" damages. These damages are difficult to quantify, and comprise the emotional distress and mental stress that accidents can cause. Depending on the extent of your injuries, your lawyer can help you place a value on these damages. This may be based on your ability to carry out the activities you used to or your loss of consortium with your family.
Statute of limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for a long time.
The exact time frame varies from state to state, however personal injury claims generally have a two- to four-year limit. However there are exceptions that could extend the amount of time that a victim must make a claim, and they should seek legal advice when determining whether or not their case falls within one of these exceptions.
A key aspect of the statute of limitations is that it only applies to the filing of a lawsuit in a court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still 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 which cannot be resolved through insurance.
Certain circumstances may stop the statute of limitations clock however, these situations are rare and generally need to be evaluated on an individual basis. For instance the statute of limitations may not start to run until the victim discovers or reasonably should have discovered that their injuries were caused by another person's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant breached a duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages.
The complaint is the first document filed in a personal injury case. It includes specific allegations regarding the incident that led to your injuries and the damages you seek. It also includes the "prayer for 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 notice that they are being sued.
After the complaint is filed, the defendant must file an answer to the complaint within a specific time frame, and may either deny or admit the allegations made in the complaint. The defendant can 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 testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation.
This can be a long process however, the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In the case of a trial before a jury, your lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which prevents them from having to pay you for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is usually the first time that your case will be subject to deadlines set by the Court itself. This is also the time when your attorney will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial registrar or an individual from the court's staff. All participants must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party cannot attend in person, they can take part via phone or online with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three classifications - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). When the Answer is filed, the case is moved to what is known as the discovery phase. In this stage both parties exchange information through written discovery demands 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 as well as the relief requested - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. Generally, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any 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 the reference to willful or deliberate actions in a medical malpractice case.
The court will also not allow a new doctrine to be introduced at an point in the action that is unreasonable late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason why a doctor who does not know you and your medical history and the details of your incident is required to conduct an examination. This type of exam is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to provide a different perspective to your injuries. These physicians, who are sometimes referred to as "independent" and have their own agendas and financial interests in reducing the compensation that can be given to victims of injuries.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide a copy of all relevant medical records to the doctor to look over. 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. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to spot dishonesty, and could use this information at trial.