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, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil matter in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages, property damage and other expenses. The process can run from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel 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 accountable are known as defendants. Personal injury cases may include cases of wrongful death when someone dies due to the inattention or negligence of others.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages are uncommon and are designed to punish the perpetrator for their extreme behavior.
This category covers all costs incurred as a result of the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In certain cases, additional expenses like the cost of traveling to and from appointments, or changes to your home to accommodate permanent disabilities can also be included in an insurance claim.
Non-economic damages can also be described as "pain and suffer" damages. These damages are harder to quantify, and they comprise the emotional distress and mental anguish that an accident can cause. Based on the extent of your injuries, your lawyer will help you determine the value of these damages. This may be based on your capacity to perform the things you were previously able to do or your loss in consortium with family.
Statute of Limitations
A legal requirement known as the statute of limitation stipulates that anyone injured in an accident should file a lawsuit before a certain date or the claim will be dismissed. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely.
The exact length of time for filing a claim differs from state to state however personal injury claims generally have a two-to four-year limitation. However, there are exceptions that could extend the time a victim has to submit their claim. They should seek legal advice for assistance in to determine if your case falls under one of these exceptions.
The statute of limitations is only applicable to lawsuits filed in court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is important to give yourself enough time to file a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that is not resolved by insurance.
Certain circumstances can stop the clock on the statute of limitations however, these situations are very rare and have to be considered on an individual case-by-case basis. For example, the statute of limitations might not start to run until a victim discovered or should have reasonably discovered that their injury was caused by a negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It alleges that the defendant violated the duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.
The first document you file with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also lists the damages you're seeking. The complaint also includes a "prayer of relief" that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant must respond to the complaint within a certain time period, and they will either admit or deny the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we gather will also help us to negotiate with defense attorneys or insurance companies to get the best possible settlement offer.
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 be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation.
This can be a long process however, the trial is when you will be able to determine if you'll receive the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and is required to compensate you for the losses you suffered. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop the defendant from paying 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. It is also the time that your attorney will discuss the case with the defense.
A judicial registrar, or an official from the court staff, typically conducts preliminary conferences. Unless the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If a party is unable to attend in person, they are able to participate via phone or internet with the permission of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls into one of three categories: advanced standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this deadline can be extended by the court). After the Answer is filed, the case is moved into what is called the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. This document provides the legal claims that are being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to willful and intentional actions from a medical malpractice claim.
The court will also not allow a new theory to be introduced at an point in the case that is unreasonablely late. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for 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 isn't familiar with the details of your incident, would be asked to conduct a medical exam. You Tube of exam is required under Washington law, could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the insurer of the defendant. Their goal is to offer a different view of your injuries. Although they are often called "independent," these physicians, just like insurance companies - have their own agenda and financial stake in decreasing the amount of compensation that can be granted to a victim who has been injured.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in accordance with your medical records. It is important to avoid playing up or down the extent of your injuries with the doctors, since they are trained to spot fraud and could utilize this information against you in trial.