What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have been injured due to the actions or inactions of someone else. To learn more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can last from several months to several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay money for damages related to an accident. The plaintiff is the victim, and the defendants are responsible. Personal injury cases can include the wrongful death of a person who dies due to the negligence or wrongdoing of others.
Damages are usually classified into two categories: compensatory and punitive. Compensation damages are designed to ensure that the victim is completely for good, including out-of-pocket costs such as medical bills as well as compensation for suffering and pain. Punitive damages are not common and are intended to penalize the perpetrator for their extreme behavior.
This category covers all costs incurred as a result of the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some cases additional expenses, such as the cost of traveling to and from appointments, or modifications to your home to accommodate permanent disabilities may also be included in the claim.
Non-economic damages are commonly referred to as "pain and suffering" damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering caused by accidents. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This may be based on your capacity to perform the things you were previously able to do or your loss of a relationship with your family.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must make a claim within a specified time or their claim will be rejected by the courts. This is to protect evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.
The exact time frame varies from state to state, however, personal injury claims typically have a two- to four-year limitation. There are certain exceptions to the time to file a claim. If you need help to determine if your claim falls within one of these exceptions, it is best to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. However, it is important to allow yourself plenty of time to file a lawsuit in the event that negotiations do not go as planned or an issue arises that can't be resolved through the insurance system.
Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be considered on a case-by-case basis. The statute of limitations may not begin until the victim discovers or should have known that the injury was caused by someone else's negligence. In Plymouth injury attorney YouTube , like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity that caused the injury. It claims that the defendant violated their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is held accountable for the losses.
The complaint is the primary document that you file in a personal injury case. It includes specific allegations regarding the incident that led to your injuries as well as the damages you seek. The complaint also includes an "prayer of relief" that outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a certain time period, and they must either accept or deny the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to gather the relevant information and incorporate 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 offer possible.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant led to your accident. You must also prove you were injured in your accident and that the injuries are worth an amount of money.
This can be a long process however, the trial is when you'll be able to decide if you'll get the damages you deserve. In 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 present evidence to show that their actions were unrelated to the accident. This will stop the defendant from paying for your losses.
You must attend a pre-trial conference before proceeding 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 issue with the defense.
A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. Unless the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All participants are required to attend in person. If a party is unable to attend in person, the convenor can permit them to participate via phone or online. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls into one of the three categories - 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 may be extended by the court). Once the Answer is filed, the case moves into what is called the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can prepare effectively for trial.
The court must examine the Bill of Particulars before it can be complied with. In general, the court will only be able to abide by a 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. 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. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical negligence case.
Similarly, the court will not allow the addition of a new theory of recovery at a disproportionately late stage in the case. To avoid prejudice, a late amendment to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment.
Physical Examination
You might be wondering the reason why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, would be required to conduct a medical examination. This type of exam, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to offer an alternative perspective on your injuries. These physicians, who are often referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation that can be awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may make use of this information in a trial.