What is a Personal Injury Lawsuit?
You could be entitled to compensation if were injured as a result of the actions or inactions of a third party. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a 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 anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are the parties accountable. Personal injury cases can include the wrongful death of a person who dies because of the inattention or negligence of others.
Damages are typically classified into two categories: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare, are meant to punish the wrongdoer if they have committed extreme actions.
This category covers all costs incurred as a result of the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy expenses. Some claims could also cover additional expenses, such as travel costs to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damages are also described as "pain and suffer" damages. These damages are more difficult to quantify, and they comprise the emotional distress and mental stress that accidents can cause. Your lawyer can help you determine the value of these damages based on the extent of your injury. This could be based on the capacity to perform the activities you used to or your loss of consortium with your family.
Statute of limitations
A legal requirement known as the statute of limitation stipulates that anyone injured in an accident must file an action within a specified date or their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for an indefinite period.
The exact duration of time differs from state to state however personal injury claims generally have a two-to four-year time limit. There are certain exceptions to the time limit for filing a claim. If you need help in determining whether your case falls under one of these exceptions, then it is best to seek legal advice.
The statute of limitations only applies to lawsuits filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. However, it is important to allow yourself plenty of time to file a lawsuit in the event that insurance negotiations fail to follow the plan or an issue arises that can't be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be considered on a case-by case basis. The statute of limitation may not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In some states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It claims that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.
The complaint is the first document that you file in a personal injury lawsuit. It includes specific allegations concerning the incident that caused your injuries, as well as the damages you want. The complaint also contains the "prayer for relief" that outlines what you want 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.
The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence we collect will also help us to negotiate with defense attorneys or insurance companies to obtain the best settlement offer.
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In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that your injuries are worthy of financial compensation.
This could be a long process however, the trial is when you will be able to determine if you'll get the damages you're entitled to. In the trial before jurors, your lawyer will argue for the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will stop them from paying you for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is typically the first time your case will be subject to deadlines established by the Court itself. This is also when your lawyer will discuss the case with the defense.
A judicial registrar, also known as an official from the court staff, typically holds preliminary conferences. Unless the case is being handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. However, if a party is unable to attend in person, they can take part via phone or online with the approval of the convenor. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls into one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). When the Answer is filed, the case enters what is known as the discovery phase. In this phase the parties exchange information in the form of written demands for discovery and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document provides the legal claims being made as well as the relief requested - 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 made so that they is able to effectively prepare for trial.
The court must look over a Bill of Particulars before it can be complied with. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged, and not add any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld a motion to strike references to intentional or willful actions in a medical malpractice case.
The court will not allow addition of a new theory of recovery at an unreasonably late point in the action. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason a doctor who may not know you, your medical history, and the specifics of your accident is being asked to conduct an exam. However, this type of examination is actually an obligation under Washington law, and it can be helpful 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 provide a different perspective to your injuries. Although they are often referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial interest in cutting down on the amount of compensation that could be granted to a victim who has been injured.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide the complete set of medical records for the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.