What is a Personal Injury Lawsuit?
You may be eligible for compensation if you were injured as a result of the actions or inactions of someone else. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal proceeding which is filed to compel another person, or entity, to pay you compensation for damages caused by an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
The damages of a victim are typically divided into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are not common and are designed to punish the offender for committing extreme actions.
This category includes all expenses incurred as a result of the injury or accident. These might include doctor's bills, hospital costs and physical therapy expenses. Some claims could also cover additional costs, like the cost of travel to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic damages can also be called "pain and suffer" damages. These damages are difficult to quantify, and include the emotional stress and mental stress that accidents can cause. Your lawyer will assist you to evaluate these damages based upon the extent of your injury. This could be based on the ability to do things you were previously able to do or your loss of a relationship with your family.
Statute of limitations
A legal requirement known as the statute of limitation obliges anyone injured in an accident must file a lawsuit before a certain date or else their 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 related to an incident for a long time.
The exact time limit is different from one state to another, but most personal injury claims have a time limit of two to four years. There are certain exceptions to the time period for filing an injury claim. If you require assistance in determining whether your case is one of these exceptions, then it is best to seek legal advice.
The statute of limitations applies only to lawsuits that are filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs which cannot be resolved through insurance.
Certain circumstances may stop the clock on the statute of limitations however, these situations are rare and generally need to be evaluated on an individual basis. For instance the statute of limitations may not start running until the victim discovers or reasonably should have discovered that their injury was caused by someone else's negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It asserts that the defendant violated their duty of care and this breach caused loss and harm to the plaintiff. The defendant is held responsible for these damages.
The complaint is the first document that is filed in a personal injury case. It provides detailed details concerning the incident that led to your injuries, and the damages you are seeking. The complaint also contains an "prayer for relief" that describes what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
After Plantation injury lawyer is filed, the defendant must respond to the complaint within a specific time frame, and must either accept or deny the allegations in the complaint. The defendant may 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 documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also help us negotiate with the defendant's attorneys 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 led to your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but the trial is where you'll be able to decide if you'll be awarded the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to reimburse you for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines established by the Court itself. This is also when your attorney will be discussing the matter with the defense.
A judicial registrar, or an individual from the court staff, typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can allow them to participate by phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will have twenty to thirty days (although this deadline can be extended by the court). Once the Answer is filed, the case moves into the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document provides the legal claims being made and the relief requested - typically an award of money damages. 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 accepted, it must be reviewed by the court. In general, the court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all any references to willful or intentional acts in a medical malpractice case.
In the same way, the court will not allow the introduction of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the tardiness of the amendment.
Physical Exam
It is possible to ask why a doctor who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical examination. However, this kind of exam is actually a requirement under Washington law, and it could be beneficial in your case.
IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. These doctors, who are sometimes called "independent" are able to have their own goals and financial interests in reducing the compensation that can be awarded to injured victims.
If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide a copy of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being treated fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is important to not play up or down the severity of your injuries with these doctors, as they are trained to recognize the deceit and may utilize this information against you in trial.