What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you may be able to recover compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding which is filed to force another person or entity to pay you for damages resulting from an accident. The plaintiff is the injured party and the defendants are responsible. If someone dies as the result of carelessness or infractions committed by others the wrongful death case may be part of personal injury claims.
The damages a victim suffers are usually broken down into two groups that are punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are very rare and are designed to punish the offender for committing extreme actions.
auto accident injury of damages is typically known as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills or hospital costs, as well as physical therapy expenses. Some claims may also include additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a disability that is permanent.
Non-economic damages are often referred to as "pain and suffering" damages. They are more difficult to quantify and are a result of the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer can help you determine the value of these damages based on the extent of your injury. It could be based on the ability to participate in activities that you were previously able to enjoy or your loss of connection with family members.
Statute of Limitations
A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file an action within a specified 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 time frame for filing a claim is different from one state to another, but most personal injury claims have a time frame of between two and four years. There are certain exceptions to the limit for filing an injury claim. If you need assistance determining if your case falls within one of these exceptions, it is best to seek legal advice.
One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem occurs which cannot be resolved through insurance.
Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be assessed on a case-by-case basis. The statute of limitation may not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It alleges that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages.
The first document filed with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries. It also outlines the damages you are seeking. The complaint also includes the "prayer of relief" that 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 specific time frames and either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
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 you were injured in your accident and that the injuries are worthy of financial compensation.
It's a long process, but it's at the trial that you'll finally know if you will be awarded the compensation you are entitled to. In the trial before a jury, your lawyer will argue that the defendant is at responsibility and the need to pay for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which will keep them from having to pay you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is usually the first time that your case will have deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar or an individual from the court's staff. All parties must attend the initial conference in person unless the case has been handled in accordance with 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 telephone or on the internet with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls under one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline may be extended with the court's approval). Once the Answer is filed, the case is moved to what is known as the discovery phase. In this phase 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 conclusion of the discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. 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.
The court must look over the Bill of Particulars before it can be complied with. In general, courts will only comply with 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 concluded that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike all any references to willful or intentional acts in a medical malpractice case.
Similarly, the court will not permit the introduction of a new theory of recovery at an unreasonably late stage in the case. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the delay in the amendment.
Physical Examination
When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason a doctor who may not know you or your medical history and the specifics of your injury is requested to conduct an exam. This type of exam is required under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer an alternative view of your injuries. These physicians, who are often referred to as "independent", have their own agendas and financial interests in reducing the compensation that can be paid to victims.
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 fully informed about what to expect. They will provide copies of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. It is important to avoid playing up or down the severity of your injuries with these doctors, as they are trained to recognize dishonesty and may make use of this information against you at trial.