What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be eligible for compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to cover their losses, including medical expenses, lost wages, property damage, and other costs. The process can take several months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are the ones responsible. Personal injury cases may include wrongful death claims when someone dies because of the negligence or wrongful actions of others.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.
This category includes all expenses incurred as a result of the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy costs. Certain claims could also include additional expenses, such as transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic losses are often described as "pain and suffering" damages. These damages are more difficult to quantify, and comprise the emotional distress and mental anguish that accidents can cause. Depending on the severity of your injuries, your lawyer can help you place a value on the damages. This might be based on the ability to enjoy activities you were previously able to enjoy or your loss of connection with family members.
Statute of limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident 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 related to an incident for a long time.
The exact duration of time differs from state to state, however, personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the limit for filing a claim. If you need help in determining whether your case is one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations applies only to lawsuits filed in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is nevertheless essential to allow yourself sufficient time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs that is not resolved by insurance.
Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by-case basis. The statute of limitations might not begin until the victim realizes or should have realized that the injury resulted from someone else's negligence. In accident injury lawyers near me , such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant breached their duty of care and that this breach resulted in loss and harm to the plaintiff. The defendant is then accountable for the damages.
The first document filed with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also lists the damages you are seeking. The complaint also includes the "prayer of relief" which outlines what you want the court to do. The summons and complaint must be given to the defendant.
The defendant must respond to the complaint within a set of deadlines and either admit or deny all allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We work 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 defendant's attorneys or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that these injuries are worthy of financial compensation.
It can be a lengthy procedure, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In a trial before jurors the lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is typically the first time your case will be subject to deadlines set by the Court itself. This is also the time when your lawyer will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial register or an individual from the court's staff. All participants must attend the preliminary conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, they can participate via phone or internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories - expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline may be extended if the court gives permission). Once the Answer is filed, the case is moved into what is called the discovery phase. During this stage the parties exchange information via written demands for discovery and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document outlines legal claims and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.
The court must look over the Bill of Particulars before it is allowed to be enforced. In general, the court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court concluded that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike references to intentional or willful acts in a medical malpractice case.
The court will not allow a new theory to be introduced at a point in the case that is unreasonablely late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment.
Physical Examination
If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct could be to wonder why a doctor who does not know you and your medical history and the specifics of your accident is being asked to conduct an exam. This type of exam is required by Washington law, could be beneficial to your case.
IMEs are usually conducted by doctors employed by the defendant’s insurance company. Their aim is to provide an alternative perspective on your injuries. Although they are sometimes described as "independent," these physicians, just like insurance companies have their own agendas and financial motives in reducing the amount of compensation that can be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. Do not underplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can use this information at trial.