What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you could be entitled to compensation. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay you money for damages related to an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. If someone dies as a result of carelessness or infractions committed by others, wrongful death cases may be part of personal injury lawsuits.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages, which are not common, are meant to punish the perpetrator for committing extreme actions.
The first category of damages is often called "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. This could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional expenses, such as transportation costs to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damages are commonly described as "pain and suffering" damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that accidents can cause. Your lawyer can help you determine the value of these damages based on the extent of your injury. This might be based on your capacity to continue enjoying the activities you were previously able to enjoy or the loss of your relationship with family members.
Statute of Limitations
A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or their claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out litigation related to an incident for a long time.
The exact time limit varies from one state to another, but most personal injury lawsuits have a time limit of two to four years. There are certain exceptions to the period for filing a claim. If you need assistance determining if your case is one of these exceptions, then it is recommended that you seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in a court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. Even so, it is crucial to give yourself plenty of time to take legal action in the event that negotiations do not follow the plan or there is a problem that cannot be easily addressed through the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by-case basis. The statute of limitations may not start until the person is aware or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It alleges that the defendant violated a duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.
The first document filed with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also lists the damages you are seeking. The complaint also contains the "prayer of relief" which outlines what you would like the court to do. The complaint and summons must be delivered to the defendant.
After the complaint is filed, the defendant has to file an answer to the complaint within a specified time period, and they may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement offer possible.
Preliminary Conference
In a personal injury case your lawyer must show 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's a long procedure, but it's at the trial that you will be able to determine if you be awarded the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case has deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or an individual from the court staff, typically conducts preliminary conferences. Unless the case is being handled in accordance with the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. If a party is not able to attend in person, the convenor may allow them to participate by phone or via the internet. 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 defendants named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline may be extended if the court gives consent). Once the Answer is filed, the case moves into what is called the discovery phase. During this time, both sides exchange information in the form of written discovery demands and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document provides the legal claims that are being made 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, so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In Tempe injury lawyer You Tube , 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 must only include the specific acts of negligence that are being alleged, and not add any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical negligence claim.
Similarly, the court will not allow introduction of a new theory of recovery at an unreasonable late stage in the litigation. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Examination
You might be wondering the reason why a doctor, who doesn't know you or your medical history and is unfamiliar with the specifics of your incident, would be required to conduct a medical examination. This type of examination, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer an alternative perspective to your injuries. These doctors, who are sometimes called "independent", have their own agendas and financial interests in reducing the amount of compensation which is paid to victims.
If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide the complete set of medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is crucial to not play with the extent of your injuries with these doctors, as they are trained to spot fraud and could utilize this information against you at trial.