What is a Personal Injury Lawsuit?
You may be eligible for compensation if you were injured as a result of the actions or inactions of a third party. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages property damage, and other costs. The process can run from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to force another individual or entity, to pay you for damages resulting from an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. If someone dies as the result of the carelessness or infractions committed by others In wrongful deaths, the case may be part of personal injury claims.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages are rare and are designed to punish the wrongdoer for extreme conduct.
This category covers all expenses that result from the injury or accident. These may include hospital expenses, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments, or modifications to your home to accommodate a disability that is permanent.
Non-economic damage can also be described as "pain and suffer" damages. These damages are difficult to quantify and include the emotional distress and mental anguish that an accident can cause. Based on the extent of your injuries, your lawyer will help you determine the value of these damages. This may be based on your ability to do activities you used to or your loss of a relationship with family.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specific time period or the claim will be dismissed by the courts. This is done to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely.
The exact duration of time varies from state to state, however personal injury claims generally have a two- to four-year time limit. However there are exceptions that could extend the amount of time required for a victim to make a claim, and they should seek legal advice for assistance in to determine if your case falls under one of the exceptions.
The statute of limitations only applies to lawsuits filed in the court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is crucial to give yourself plenty of time to file a lawsuit just in case insurance negotiations fail to follow the plan or an issue arises that can't be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are not common and have to be evaluated on a case by case basis. For example, the statute of limitations might not begin to run until a victim discovered or reasonably should have discovered that their injury was caused by another person's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. It claims that the defendant breached their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is accountable for the damages.
The complaint is the initial document that you file in a personal injury lawsuit. It provides detailed details regarding the incident that led to your injuries as well as the damages you seek. The complaint also contains a "prayer of relief" which describes what you want the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant has to file an answer to the complaint within a specific time frame, and will either admit or deny the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence such as medical records 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 for the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in your accident and that your injuries are worth financial compensation.
This could be a long process however, the trial is where you'll be able to decide if you'll be awarded the damages you're entitled to. In a trial before the jury, your lawyer will argue for the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time that your case is subject to deadlines set by a judge. This is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, or a member of the court staff typically conducts preliminary conferences. All parties must attend the initial conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor can 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 into one of three categories - complicated or expedited standard.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe can be extended by the court). Once the Answer is filed, the case is moved into the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. The document details the legal claims that are being made and the relief requested - typically 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.
The court must review the Bill of Particulars before it can be complied with. In general, courts will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not add new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court concluded that the plaintiff was not negligent. 1994) The court ruled in favor of the motion to strike references to willful and intentional acts from a medical negligence claim.
The court will not allow a new doctrine to be introduced at any stage in the litigation that is unreasonable late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Examination
If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction could be to wonder the reason a doctor who may not know you and your medical history and the particulars of your accident is being required to conduct an examination. This type of exam is required by Washington law, can be beneficial to your case.
IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their aim is to offer a different perspective on your injuries. While they are sometimes described as "independent," these physicians, just like insurance companies have their own agendas and financial interest in cutting down on the amount of compensation that could be granted to a victim who has been injured.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will provide a copy to the doctor of the relevant medical records. Cincinnati injury lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. It is crucial to not play around with the extent of your injuries with the doctors, since they are trained to spot dishonesty and may utilize this information against you in trial.