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. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to compel another person, or entity to pay you for the damages that result from an accident. The plaintiff is the injured party and the defendants are the parties accountable. When someone dies as a result of the negligence or wrongdoing by others, wrongful death cases can be included in personal injury claims.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. youtube.com are meant to make the victim whole for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior.
The first category of damages is often referred to as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases other expenses such as the cost of travel to and from appointments or modifications made to your home due to permanent disabilities could also be included in a claim.
Non-economic damages can also be described as "pain and suffer" 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. Depending on the severity of your injuries your lawyer will assist you to place a value on these damages. This may be based on your ability to do things you did before or your loss in consortium with your family.
Statute of limitations
A legal principle known as the statute of limitations obliges anyone injured in an accident file an action before a specific date or the claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out for a long time.
The time frame for filing a claim is different from one state to another, but most personal injury claims have a time frame of two to four years. However there are exceptions that could prolong the time that a victim must file their claim and they should seek legal advice for assistance in determining whether or not their case falls into one of the exceptions.
One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are typically used to resolve injury cases and do not require formal lawsuits. But, it's crucial to give yourself plenty of time to pursue legal action in the event that insurance negotiations fail to follow the plan or an issue arises that can't be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be assessed on a case-by-case basis. For instance, the statute of limitations might not begin to run until a victim has discovered or reasonably should have discovered that their injuries were caused by a negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. It alleges that the defendant breached a duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses.
The complaint is the primary document that is filed in a personal injury lawsuit. It includes specific allegations regarding the incident that caused your injuries and the damages you seek. It also includes a "prayer for relief" that describes what you would like the court to do. The summons and complaint must be handed over to the defendant.
The defendant must respond to the complaint within specific time limits and either admit or deny all 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 including medical records and testimony from witnesses. We work closely together with our clients to gather all relevant information and include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.
It's not an easy procedure, but it's at the trial that you will find out if you be awarded the compensation you deserve. In the trial before the jury, your lawyer will argue for 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 unrelated to the accident. This will prevent the defendant from paying for your losses.
Before proceeding to trial you must attend a preliminary conference. This is typically the first time that your case will be subject to deadlines set by the Court itself. This is also the time when your attorney will be discussing the issue with the defense.
Preliminary conferences are usually conducted by a judicial registrar or a member of the court's staff. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to attend in person. If a party is not able to attend in person, the convenor may permit them to participate via phone or via the internet. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls under one of three categories namely complicated or expedited standard.
Bill of Particulars
After a complaint and summons are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to respond (although this deadline can be extended if the court gives approval). Once the Answer has been filed, the matter moves into what is called the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines the legal claims that are being made 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.
The court must review a Bill of Particulars before it is allowed to be enforced. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff was not negligent. 1994), the court sustained the motion to strike all references to intentional and willful actions from a medical malpractice claim.
Similarly, the court will not allow the introduction of a new theory of recovery at an unreasonable late stage in the case. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Examination
You may question why a doctor who doesn't know you or your medical history and isn't familiar with the specifics of your accident, should be required to conduct a medical exam. However, this type of exam is actually required under Washington law, and could be beneficial to your case.
IMEs are typically conducted by doctors hired by the insurance company of the defendant. Their aim is to offer a different perspective on your injuries. Although they are sometimes referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that can be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is important to not play around with the severity of your injuries with these doctors, as they are trained to recognize dishonesty and may make use of this information against you in trial.