What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, including medical expenses, lost wages, property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are responsible. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
The damages of a victim are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior.
This category covers all expenses caused by the accident or injury. This could include doctor's fees, hospital costs and physical therapy expenses. In certain cases, additional expenses like the cost of traveling to and from appointments or modifications to your home to accommodate permanent disabilities may be included in the claim.
Non-economic damage can also be called "pain and suffer" damages. They are more difficult to quantify and are a result of the emotional distress, mental anxiety and suffering caused by accidents. Based on the extent of your injuries, your lawyer will assist you to determine the value of these damages. This may be based on your ability to do activities you used to or your loss of consortium with your family.
Statute of limitations
Under a legal rule called the statute of limitations, any person who is injured in an accident must make a claim within a specified time or else their claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for an indefinite period.
The exact time frame is different from state to state, however personal injury claims generally have a two-to four-year limit. There are some exceptions to the time period for filing claims. If you need assistance to determine if your claim falls under one of these exceptions, then it is recommended to seek legal advice.
One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's important to allow yourself enough time to take legal action in the event that negotiations fail to take place as planned or if an issue arises that cannot be easily addressed through the insurance system.
Certain circumstances may stop the clock of the statute of limitations, but these instances are very rare and have to be evaluated on an individual basis. The statute of limitation may not start until the person is aware or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different 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. The plaintiff claims that the defendant breached their duty of care, and that this breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.
The complaint is the first document filed in a personal injury lawsuit. It includes specific allegations concerning the incident that caused your injuries, and the damages you seek. The complaint also contains a "prayer of relief" that outlines what you would like the court to do. The complaint and summons must be handed over to the defendant.
The defendant must respond to the complaint within certain time limits and either admit or deny the allegations made in the complaint. The defendant can 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, which includes medical records and witness testimony. We work closely together with our clients to collect 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 possible.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in the accident and that your injuries are worth the amount of financial compensation.
It can be a lengthy procedure, but it's at the trial that you will find out if you receive the damages you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will argue that their actions are not related to the accident, which will prevent them from having to pay you for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is often the first time that your case will be subject to deadlines that are set by the Court itself. This is also when your attorney will be discussing the matter with the defense.
A judicial registrar, also known as a member of the court staff typically holds preliminary conferences. Unless the case is being handled in accordance with New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the participants are required to attend in person. However, if a party cannot attend in person, they may participate via phone or internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories: advanced standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this time frame can be extended by the court). When the Answer is filed, the case is moved to what is known as the discovery phase. During this time both sides exchange information in the form of written demands for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document outlines the legal claims being made and the relief requested - typically 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 he or she can prepare effectively for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, the court will only accept the 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 contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical negligence claim.
Similarly, the court will not permit the addition of a new theory of recovery at an unreasonably late point in the action. To avoid Nashville injury lawyers , a belated amendment to a Bill of Particulars should only be allowed when supported by an affidavit that provides a reasonable excuse for the lateness of the amendment.
Physical Exam
When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction might be to ask why a doctor who does not know you, your medical history, and the details of your accident is being asked to conduct an exam. But, this type of examination is actually a requirement under Washington law, and it can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to provide a different perspective on your injuries. While they are sometimes described as "independent," these physicians, just like insurance companies - have their own agenda and financial interest in reducing the amount of compensation that could be given to a victim of injury.
If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide the complete set of medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is crucial to avoid playing around with the severity of your injuries with these doctors, as they are trained to spot the deceit and may use this information against you at trial.