What is a Personal Injury Lawsuit?
You may be entitled to compensation if have been injured due to the actions or inactions of another person. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages, damages to property and other expenses. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. If someone dies as the result of the negligence or wrongdoing by others the wrongful death case may be part of personal injury claims.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track for good, including out-of-pocket costs such as medical expenses and compensation for pain and suffering. Punitive damages are uncommon and are designed to punish the offender for extreme behavior.
This category includes all expenses incurred as a result of the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. In some instances, additional expenses like the cost of traveling to and from appointments, or modifications to your home for permanent disabilities can be included in an insurance claim.
Non-economic damages are often described as "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish that an accident can cause. Your lawyer will assist you to value these damages based on the severity of your injuries. This may be based on your ability to carry out the activities you used to or your loss in consortium with your family.
Statute of limitations
A legal principle known as the statute of limitations requires that anyone who is injured in an accident file an action before a specific date or the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation related to an incident for a long time.
The exact duration of time varies from state to state, however, personal injury claims typically have a two- to four-year limit. However there are exceptions that could prolong the time that a victim must submit their claim. They should seek legal advice when to determine if their case falls into one of the exceptions.
The statute of limitations applies only to lawsuits filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. Even so, it is important to allow yourself plenty of time to take legal action in the event that insurance negotiations fail to follow the plan or there is a problem that cannot be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations however, these situations are rare and generally need to be analyzed on a case-by-case basis. For instance, the statute of limitations might not begin to run until a victim discovered or reasonably should have discovered that their injuries were caused by a negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant breached the duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the losses.
The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also lists the damages you're seeking. The complaint also includes an "prayer of relief" which outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant has to respond to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to collect the relevant information and incorporate 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 lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation.
It's not an easy process, but it is at the trial that you'll finally know if you will get the compensation you deserve. In the case of a trial before a jury the lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is the first time your case has deadlines set by a judge. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or an individual from the court staff, typically conducts preliminary conferences. If the case is handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to attend in person. If a party is unable to attend in person, the convenor can permit them to participate via phone or online. If your case is 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 categories which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to respond (although this time frame can be extended with the court's permission). After the Answer has been filed, the case is moved into the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. This document outlines legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, a court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike the reference to willful or deliberate actions in a medical malpractice case.
Baldwin Park injury attorneys will also not permit a new theory to be added at a point in the action that is unreasonably late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering an acceptable explanation for the delay in the amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction might be to ask the reason a doctor who may not know you or your medical history and the particulars of your accident is being asked to conduct an exam. But, this type of exam is actually an obligation under Washington law and can be helpful to your case.
IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their goal is to offer a different view of your injuries. Although they are often referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial interest in reducing the amount of compensation that may be awarded to an injured victim.
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 copies of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is crucial to avoid playing with the severity of your injuries to the doctors, since they are trained to recognize fraud and could use this information against you at trial.