What is a Personal Injury Lawsuit?
You could be entitled to compensation if were injured as a result of the actions or inactions of a third party. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, such as medical bills, lost wages, damages to property and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal action that is taken to force another person or entity, to pay you compensation for damages caused by an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases can also include the wrongful death of a person who dies due to inattention or negligence of others.
Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.
This category covers all costs incurred as a result of the accident or injury. These might include doctor's bills, hospital costs and physical therapy expenses. Some claims could also cover additional expenses, such as travel costs to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damages are also called "pain and suffer" damages. These are more difficult to quantify and involve the emotional distress, mental anguish and suffering caused by accidents. Your lawyer will help you evaluate these damages based upon the severity of your injury. This may be based on your capacity to perform the things you did before or your loss in consortium with family.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who suffers an injury in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for a long time.
The exact time limit varies from one state to another, but most personal injury lawsuits have a time limit of between two and four years. There are some exceptions to the time period for filing a claim. If you need help determining if your case falls under one of these exceptions, it is best to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be considered on a case-by-case basis. For you could try these out , the statute of limitations might not start to run until the victim discovers or reasonably should have discovered that their injuries were caused by someone else's 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 a civil action brought by an injured person against the person or entity that caused the injury. It alleges that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the damages.
The complaint is the first document that you file in a personal injury lawsuit. It includes specific allegations about the incident that led to your injuries, as well as the damages you seek. The complaint also contains the "prayer for relief" which outlines what you would like the court to do. The summons and complaint should be delivered to the defendant.
The defendant must respond to the complaint within specific time limits and either admit or deny all allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence we have can also assist us to negotiate with defendants' attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant caused 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.
This can be a long process, but the trial is where you can finally determine whether you'll receive the compensation you're entitled to. In a jury trial your lawyer will argue that the defendant is responsible and must pay you for your losses. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to compensate you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is often the first time that your case will be subject to deadlines that are set by the Court itself. It is also the time that your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or an individual from the court's staff. Unless the case is handled by New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to be present in person. If, however, a person is unable to attend in person they may participate via phone or internet, with the consent of the convenor. 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 under one of three categories namely advanced standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this time frame may be extended by the court). Once the Answer is filed, the case enters what is known as the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. 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 being 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 be able to abide by 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 claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike all references to intentional or willful acts in a medical malpractice case.
The court will not allow the introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides an acceptable explanation for the lateness of the amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you attend 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 required to conduct an examination. This type of examination is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer an alternative perspective on your injuries. These doctors, sometimes referred to as "independent" are able to have their own agendas and financial interests in reducing the amount of compensation which can be given to victims of injuries.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give a copy to the doctor of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can use this information at trial.