What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have been injured due to the actions or inactions of another person. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This includes medical bills as well as lost wages and property damage. The process can last between a few months and several years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damage caused by an accident. The injured party is known as the plaintiff while the responsible parties are called defendants. When someone dies as a result of inattention or negligence of others, wrongful death cases can be included in personal injury lawsuits.
A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses like medical bills as well as compensation for pain and suffering. Punitive damages are uncommon and designed to punish the offender for extreme behavior.
The first type of damages is usually referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. This could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel 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 difficult to quantify and include the emotional distress and mental anguish caused by accidents. Depending on the severity of your injuries your lawyer will assist you to place a value on the damages. This might be based on your capacity to continue enjoying the activities you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specified time or their claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for a long time.
The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a time limit of between two and four years. There are certain exceptions to the limit for filing an injury claim. If you need help in determining whether your case is one of these exceptions, then it is recommended to seek legal advice.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in a court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still important to give yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises which cannot be resolved through insurance.
A few circumstances can pause the clock of the statute of limitations, but these instances are rare and generally need to be evaluated on an individual basis. For example, the statute of limitations might not start to run until a victim discovered or reasonably should have discovered that their injury was caused by another person's negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It claims that the defendant breached their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is then accountable for the damages.
The first document you file with a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that led to your injuries and outlines the damages you seek. The complaint also contains a "prayer of relief" that outlines what you want 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 has to file an answer to the complaint within a specified time frame, and may either deny or admit the allegations made in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation.
It's a long process, but it is at the trial that you will finally know if you will receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will prevent them from settling your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a court. It is also the time when your attorney will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or an individual from the court's staff. Unless the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All parties are required to be present in person. If a party is unable to attend in person, the convenor is able to permit them to participate via phone or via the internet. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three classifications - expedited, standard or complex.
Bill of Particulars
When a summons and complaint 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 can be extended with the court's consent). Once the Answer has been filed, the case moves into what is called the discovery phase. During this time the parties exchange information in the form of written demand for discovery and depositions.
At Deltona injury lawyers YouTube of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. This document provides the legal claims that are being made and the relief sought - usually an award of money damages. 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 look over the Bill of Particulars before it can be complied with. In general, the court will only 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 neglect that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will not allow a new theory to be introduced at a point in the action that is unreasonably late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the delay in the amendment.
Physical Exam
It is possible to ask why a doctor, who doesn't know you, or your medical history, and isn't familiar with the specifics of your accident, should be asked to conduct a medical exam. This type of exam, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer a different view of your injuries. These doctors, often referred to as "independent" and have their own goals and financial interests in reducing the compensation that can be awarded to injured victims.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide a copy to the doctor of the relevant medical records. Your lawyer will also be present at the IME and will ensure that you are examined fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is essential to not play around with the severity of your injuries with the doctors, since they are trained to spot dishonesty and may make use of this information against you in trial.