What is a Personal Injury Lawsuit?
You may be entitled to compensation if have suffered injuries due to the actions or inactions of a third party. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, including medical expenses, lost wages, property damage, and other costs. The process can take several months to a few years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay money for damages related to an accident. The injured party is known as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as the result of the inattention or negligence of others In wrongful deaths, the case can be included in personal injury claims.
A victim's damages are typically broken down into two groups: compensatory and punitive. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct.
The first category of damages is usually called "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. This could include doctor's fees, hospital costs and physical therapy expenses. In some instances additional expenses, such as the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities could be included in an insurance claim.
Non-economic losses are often referred to as "pain and suffering" damages. These damages are harder to quantify, and comprise the emotional distress and mental stress that accidents can cause. Your lawyer can help you value these damages based on the severity of your injury. It could be based on your capacity to participate in activities that you used to do or the loss of your relationship with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a specific time period or their claim will be rejected by the courts. This is to protect 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 time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a limit of between two and four years. However there are exceptions that can extend the time that a victim must make a claim, and they should seek legal advice when to determine whether or not their case falls into one of these exceptions.
One of the main facets of the statute of limitations is that it is only applicable to the filing of an action in a court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is nevertheless important to give 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, these situations are rare and generally need to be evaluated on an individual basis. For example the statute of limitations might not start running until a victim has discovered or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity that caused the injury. It alleges that the defendant violated a duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant is liable for those damages.
The complaint is the primary document filed in a personal injury lawsuit. It contains detailed allegations concerning the incident that caused your injuries, and the damages you seek. It also includes a "prayer for relief" that describes what you want the court to do. The summons and complaint should be delivered to the defendant.
The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries in your accident and that these injuries are worthy of an amount of money.
It can be a lengthy process, but the trial is where you'll be able to decide if you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence that their actions are not related to the accident, which will keep them from having to reimburse 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 court. This is also when your attorney will discuss the case with the defense.
A judicial registrar, or an individual of the court's staff, usually conducts preliminary conferences. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to attend in person. If a party is not able to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls within one of three categories: complicated or expedited standard.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). After the Answer has been filed, the case is moved into what is called the discovery phase. In this period both sides exchange information in the form of written discovery demands and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. The document details legal claims and the relief sought - typically 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 followed, it must be reviewed by the court. In general, the 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 claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will not allow introduction of a new theory of recovery at an unreasonable late stage in the litigation. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the lateness of the amendment.
Physical Exam
It is possible to ask the reason 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 examination. Brooklyn Park injury lawsuit of exam is required under Washington law, can be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. Their goal is to provide an alternative view of your injuries. These doctors, sometimes called "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation which is awarded to injured victims.
If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide a copy of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. It is important to avoid playing around with the severity of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you in trial.