What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you may be eligible for compensation. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal process that is used to force another individual or entity to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff, while the parties responsible are referred to as defendants. If someone dies as a result of the negligence or wrongdoing by others the wrongful death case are often included in personal injury claims.
Damages are typically classified into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are very rare and are intended to punish the wrongdoer if they have committed extreme acts.
This category covers all costs caused by the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. Some claims may also include additional costs, like travel 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 difficult to quantify, and comprise the emotional distress and mental stress caused by accidents. Based on the extent of your injuries, your lawyer will help you place a value on the damages. This might be based on your capacity to enjoy activities you were previously able to enjoy or your loss of connection with family members.
Statute of limitations
A legal requirement known as the statute of limitations requires that anyone who is injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. This is done to prevent evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident 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 limitation. There are some exceptions to the time limit for filing an injury claim. If you require assistance determining if your case is one of these exceptions, it is recommended to seek legal advice.
The statute of limitations only applies to lawsuits that are filed in the court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is important to allow yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance.
A few circumstances can pause the clock of the statute of limitations however, these situations are extremely rare and need to be considered on an individual basis. For instance, the statute of limitations may not start running until the victim discovers or should have reasonably discovered that their injuries were caused by another person's negligent actions. In some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It asserts that the defendant breached their duty of care and the breach caused loss and harm to the plaintiff. The defendant is then accountable for the damages.
The complaint is the primary document that you file in a personal injury lawsuit. It provides detailed details regarding the incident that led to your injuries, and the damages you seek. The complaint also contains an "prayer of relief" which outlines what you would like the court to do. The complaint and summons must be delivered to the defendant.
The defendant must respond to the complaint within specific time frames and either accept or deny all allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case by naming third party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely with our clients to gather all relevant information and then include it in the case. The evidence we have will also help us to negotiate with the defendants' attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but the trial is where you can finally determine whether you'll receive the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.
You must attend a pre-trial discussion before proceeding with the trial. This is often the first time that your case will have deadlines established by the Court itself. This is also the time when your attorney will discuss the issue with the defense.
Preliminary conferences are typically conducted by a judicial register or a member of the court's staff. 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 otherwise exempted. If a party cannot attend in person, they may participate via telephone or on the internet with the permission of the convenor. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls within one of the three classifications - expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended if the court gives consent). After the Answer is filed, the case moves into what is called the discovery phase. During this phase the parties exchange information via 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. The document details legal claims 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.
The court must review the Bill of Particulars before it can be complied with. In Arvada injury lawsuit youtube.com , a court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all any references to willful or intentional acts in a medical negligence case.
Similarly, the court will not allow addition of a new theory of recovery at an unreasonably late stage in the litigation. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit offering a reasonable excuse for the delay in the amendment.
Physical Examination
It is possible to ask the reason why a doctor, who doesn't know you or your medical history, and isn't familiar with the details of your accident, would be required to conduct a medical exam. But, this type of exam is actually required under Washington law and can be helpful in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to provide a different perspective on your injuries. These physicians, who are sometimes called "independent", have their own agendas and financial stakes in reducing the compensation that is awarded to injured victims.
If you choose to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and provide copies of all relevant 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 essential to not play with the severity of your injuries with the doctors, since they are trained to spot fraud and could make use of this information against you at trial.