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 legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, which include medical bills, lost wages, property damage and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal process that is used to force another person or entity to pay you for damages resulting from an accident. The injured party is known as the plaintiff and the responsible parties are called defendants. Personal injury cases can include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages, which are very rare, are meant to punish the wrongdoer if they have committed extreme crimes.
The first type of damages is often called "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy costs. Some claims may also include additional expenses, such as transportation costs to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic damages are often described as "pain and suffering" damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering caused by accidents. Depending on the extent of your injuries, your lawyer can help you place a value on the damages. This could be based on the ability to participate in activities that you used to do or your loss of consortium with family members.
Statute of limitations
A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must bring a lawsuit within a certain time frame or their claim will be rejected by the courts. This is to protect evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely.
The exact time frame is different between states, however personal injury claims generally have a two- to four-year limit. However, there are exceptions that can prolong the time required for a victim to submit their claim. They should seek legal advice for assistance in to determine if your case falls under one of the exceptions.
One of the most important aspects of the statute of limitations is that it applies only to the filing of a lawsuit in court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to start a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that is not resolved by insurance.
A few circumstances can pause the clock on the statute of limitations however these cases are rare and generally need to be evaluated on an individual case-by-case basis. For example, the statute of limitations may not start running until the victim discovers or reasonably should have discovered that their injuries were caused by someone else's negligence, 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 initiated by a victim against the person or entity who caused the injury. It claims that the defendant violated their duty of care and that this breach resulted in loss and harm to the plaintiff. The defendant is held responsible for these damages.
The first document filed in a personal injury lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also includes an "prayer of relief" that outlines what you would like the court to do. The summons and complaint must be given to the defendant.
The defendant must respond to the complaint within specific time limits and either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We collaborate 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 for the defendant or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant led to your accident. Erie injury lawyer You Tube must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
This can be a long process, but 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 accountable and has to pay for the losses you suffered. The defendant will present evidence that their actions are not related to the accident, which prevents them from having to pay you for your losses.
You must attend a pre-trial discussion before proceeding with the trial. This is the first time your case has deadlines set by a court. This is also the time when your attorney will be discussing the matter with the defense.
A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person, unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. 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 is to be a part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls into one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to respond (although this time frame can be extended with the court's approval). After the Answer is filed, the case moves into what is called the discovery phase. During 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. The document details legal claims 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, to help them prepare for trial.
The court must review a Bill of Particulars before it is able to be followed. 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 claimed and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court found that the plaintiff had not been negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical negligence claim.
Similarly, the court will not allow the addition of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you or your medical history and the details of your injury is asked to conduct an exam. This type of examination is required under Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. They are there to offer a different view of your injuries. These doctors, who are sometimes called "independent" and have their own goals and financial interests in reducing the amount of compensation which is awarded to injured victims.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will make sure that you are examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is essential to not play around with the severity of your injuries to the doctors, since they are trained to spot fraud and could utilize this information against you in trial.