What is a Personal Injury Lawsuit?
You could be eligible for compensation if you were injured as a result of the actions or inactions of another person. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil litigation in which the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are the parties accountable. If someone dies as a result of negligence or wrongdoing by others, wrongful death cases are often included in personal injury claims.
A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensation damages are designed to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are very rare, are meant to punish the wrongdoer when they have committed a number of extreme crimes.
This category includes all expenses caused by the injury or accident. These might include doctor's bills as well as hospital expenses and physical therapy expenses. In some instances, additional expenses like the cost of traveling to and from appointments or modifications made to your home to accommodate permanent disabilities may also be included in the claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are harder to quantify, and they include the emotional stress and mental anguish caused by accidents. Depending on the severity of your injuries your lawyer will help you estimate the value of the damages. This may be based on your ability to do things you were previously able to do or your loss in consortium with family.
Statute of Limitations
A legal rule known as the statute of limitations requires that anyone who is injured in an accident must file an action within a specified date or else the claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The exact time limit differs from one state another, but the majority of personal injury claims have a limit of between two and four years. There are some exceptions to the time period for filing claims. If you need help in determining whether your case falls under one of these exceptions, then it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Insurance claims are often used to resolve injury cases 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 go as planned or an issue arises that cannot be resolved through the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by case basis. For example the statute of limitations might not start to run until a victim has discovered or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In certain states, such as 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. Springfield injury lawsuit youtube.com that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages.
The complaint is the first document that you file in a personal injury lawsuit. It includes specific allegations concerning the incident that led to your injuries as well as the damages you seek. The complaint also contains the "prayer for relief" which 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 must file an answer to the complaint within a specific time frame, and must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation.
It's not an easy process, but it is at the trial that you'll find out if you get the compensation you deserve. In the case of a trial before jurors the lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to compensate you for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is typically the first time your case will have deadlines that are set by the Court itself. This is also when your lawyer will discuss the case with the defense.
A judicial registrar, or an official of the court staff typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor may permit them to participate via telephone or online. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine whether your case falls into one of three categories - advanced standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame may be extended by the court). When the Answer is filed, the case moves into what is called the discovery phase. In this period the parties exchange information in the form of written demands for discovery and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. This document outlines legal claims 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.
Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, courts will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out the reference to willful or deliberate actions in a medical malpractice case.
The court will not permit a new theory to be added at a point in the case that is unreasonable late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the lateness of the amendment.
Physical Examination
It is possible to ask why a doctor who doesn't know you, or your medical history and isn't familiar with the details of your accident, should be asked to conduct a medical examination. However, this kind of examination is actually required under Washington law, and it could be beneficial to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their aim is to provide an alternative view of your injuries. Although they are often referred to as "independent," these physicians as well as insurance companies - have their own agenda and financial interest in decreasing the amount of compensation that may be granted to a victim who has been injured.
If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are well-informed about what to expect. They will provide a copy of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.