What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you may be eligible for compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, such as 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 process to compel a person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are responsible. Personal injury cases can also include cases of wrongful death when someone dies because of the inattention or negligence of others.
The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are rare and are intended to penalize the offender for extreme behavior.
This category includes all expenses incurred as a result of the accident or injury. This could include doctor's fees, hospital costs and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages are commonly described as "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. injury accident lawyers can help you value these damages based on the severity of your injuries. This might be based on your capacity to continue enjoying the activities you were previously able to enjoy or your loss of consortium with family members.
Statute of limitations
A legal rule known as the statute of limitation stipulates that anyone injured in an accident file an action within a specified date or else the claim will be dismissed. This is to prevent 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 varies 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 claims. If you need assistance in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is important to give yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance.
Certain circumstances may stop the statute of limitations clock however these cases are rare and generally need to be considered on a case-by-case basis. The statute of limitation may not start until the person discovers or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case initiated by a victim against the person or entity that caused the injury. The plaintiff claims that the defendant breached the duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.
The complaint is the initial document that is filed in a personal injury lawsuit. It includes specific allegations regarding the incident that led to your injuries as well as the damages you are seeking. It also includes a "prayer for relief" that outlines what you would like the court to do. The summons and complaint should be handed over to the defendant.
After the complaint is filed, the defendant must file an answer to the complaint within a specific time period, and they will either admit or deny the allegations 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, which includes medical documents and witness testimony. We work closely together with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation.
It can be a lengthy process, but the trial is when you can finally determine whether you'll get the damages you're entitled to. In a trial before a jury, your lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence to prove that their actions were not related to the accident. This will prevent them from settling your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a judge. This is also when your lawyer will discuss the issue with the defense.
A judicial registrar, or a member from the court staff, typically conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to permit them to participate via phone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories - expedited standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline is able to be extended by the court). After the Answer is filed, the matter moves into what is called the discovery phase. During this stage both parties exchange information via written discovery demands and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details legal claims and the relief sought - usually an award of money damages. 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 a Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical malpractice case.
In the same way, the court will not allow introduction of a new doctrine of recovery at an unreasonable late point in the action. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the delay in the amendment.
Physical Exam
You might be wondering why a doctor, who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, should be required to conduct a medical examination. This type of examination, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their aim is to offer a different view of your injuries. These doctors, who are often referred to as "independent", have their own goals and financial interests in reducing the amount of compensation that can be awarded to injured victims.
If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could make use of this information in a trial.