What is a Personal Injury Lawsuit?
You may be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. To find out more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages property damage and other expenses. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to compel another person, or entity to compensate you for the damages that result from an accident. The person who is injured is referred to as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases may include wrongful death claims when someone dies due to negligence or wrongdoing of others.
browse this site are typically classified into two categories: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.
This category covers all expenses incurred as a result of the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases, additional expenses like the cost of traveling to and from appointments or modifications made to your home to accommodate permanent disabilities could be included in a claim.
Non-economic damages are also called "pain and suffer" damages. They are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that accidents can cause. Based on the extent of your injuries, your lawyer will assist you to determine the value of the damages. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship with your family.
Statute of limitations
A legal rule known as the statute of limitation requires that anyone who is injured in an accident must file a lawsuit before a certain date or else their claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The exact duration of time varies from state to state, however, personal injury claims typically have a two- to four-year time limit. However, there are exceptions that can extend the time a victim has to make a claim, and they should seek legal advice for help determining whether or not your case falls under one of these exceptions.
The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. Even so, it is important to allow yourself enough time to pursue legal action in the event that insurance negotiations fail to go as planned or there is a problem that cannot be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case-by case basis. For instance, the statute of limitations might not start running until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. It asserts that the defendant breached their duty of care and that the breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages.
The complaint is the primary document that you file in a personal injury lawsuit. It provides detailed details concerning the incident that caused your injuries, as well as the damages you seek. The complaint also includes an "prayer of relief" which outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant must respond to the complaint within a specific timeframe, and will either admit or deny the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as third party defendant.
A successful personal injury lawsuit relies on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we collect can also assist us to negotiate with defendants' lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that those injuries warrant financial compensation.
It can be a lengthy process, but it's at the trial that you'll be able to determine if you be awarded the compensation you deserve. In the case of a trial before jurors your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses.
Before proceeding to trial you must attend a preliminaries conference. This is the first time your case has deadlines set by a judge. It is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, or an official of the court's staff, typically holds preliminary conferences. If the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to be present in person. However, if a party is unable to attend in person, they may participate via telephone or on the internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories namely expedited standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline is able to be extended by the court). After the Answer has been filed, the matter moves into what is called the discovery phase. In this phase, 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 called a Bill of Particulars. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff was not negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will also not allow a new doctrine to be added at an stage in the litigation that is unreasonable late. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction could be to wonder why a doctor who does not know you or your medical history and the specifics of your injury is required to conduct an examination. However, this kind of exam is actually a requirement under Washington law, and it could be beneficial in your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to offer an alternative perspective on your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies have their own agendas and financial interest in reducing the amount of compensation that can be awarded to an injured victim.
If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is crucial to not play with the severity of your injuries to the doctors, since they are trained to spot the deceit and may use this information against you in trial.