What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of another person. Contact a knowledgeable personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can take several months to a few years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are the ones accountable. Personal injury cases can include the wrongful death of a person who dies due to the negligence or wrongful actions of others.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages can include medical bills as well as pain and suffering 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 type of damages is typically known as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. In certain cases additional expenses, such as the cost of traveling to and from appointments, or changes to your home for permanent disabilities may also be included in an insurance claim.
Non-economic damage can also be called "pain and suffer" damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering that an accident can cause. Your lawyer can help you value these damages based on the severity of your injury. 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 family.
Statute of limitations
A legal requirement, 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 dismissed by the courts. This is to stop evidence from being lost or lost, and also to stop people from dragging incident-related litigation out for a long time.
The exact duration of time differs between states, however personal injury claims generally have a two- to four-year limitation. However there are exceptions that can prolong the time that a victim must make a claim, and they should seek legal advice when determining whether or not their case falls within one of the exceptions.
A key aspect of the statute of limitations is that it is only applicable to the filing of an action in a court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. But, it's important to allow yourself plenty of time to take legal action in the event that negotiations don't take place as planned or if there is a problem that cannot be easily addressed through the insurance system.
A few circumstances can pause the statute of limitations clock however these cases are very rare and have to be evaluated on an individual basis. For example the statute of limitations may not start running until a victim has discovered or should have reasonably discovered that their injuries were caused by another person's negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant breached a duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant is accountable for the damages.
The complaint is the initial document filed in a personal injury case. It contains detailed allegations concerning the incident that led to your injuries, as well as the damages you are seeking. The complaint also contains the "prayer of relief" that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant has to respond to the complaint within a certain time frame, and may either deny or admit the allegations made in the complaint. Lakewood injury lawsuit can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence including medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included 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 case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove you suffered injuries in your accident and that your injuries are worthy of financial compensation.
It's a long process, but it is at the trial that you will finally know if you will get the compensation you are entitled to. In the case of a trial before the jury, your lawyer will argue for the defendant's responsibility and the need to pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which prevents them from having to pay you 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 established 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 staff typically holds preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party cannot attend in person, they are able to take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories: complicated or expedited standard.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended with the court's approval). Once the Answer has been filed, the case is moved into what is called the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. 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 that are made to help them prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike references to intentional or willful actions in a medical malpractice case.
The court will not allow a new doctrine to be added at an point in the action 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 of the tardiness of the amendment.
Physical Exam
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 asked to conduct a medical exam. This type of exam is required by Washington law, could be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their aim is to provide an alternative view of your injuries. These doctors, often referred to as "independent" are able to have their own goals and financial interests in reducing the compensation that can be given to victims of injuries.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. It is important to avoid playing with the extent of your injuries with these doctors, as they are trained to spot the deceit and may utilize this information against you in trial.