What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be eligible for compensation. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks compensation for their losses, including medical bills, lost wages, damages to property and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal process that is used to force another person or entity to compensate you compensation for damages caused by an accident. The plaintiff is the one who was injured, and the defendants are the parties responsible. If someone dies as the result of inattention or negligence of others In wrongful deaths, the case may be part of personal injury lawsuits.
A victim's damages are typically divided 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 designed to punish the offender for extreme behavior.
This category covers all expenses incurred as a result of the accident or injury. These could include doctor's bills, hospital costs and physical therapy expenses. In certain cases additional expenses, such as the cost of travelling to and from appointments, or modifications made to your home to accommodate permanent disabilities may also be included in an insurance claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering caused by accidents. Based on the severity of your injuries your lawyer can help you estimate the value of these damages. This could be based on the ability to carry out the activities you used to or your loss of consortium with family.
Statute of Limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident file an action within a specified date or else their claim will be dismissed. This is done to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time.
The exact duration of time differs from state to state but personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the time period for filing an injury claim. If you need help in determining whether your case falls under one of these exceptions, it is recommended to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in the court. A majority of injuries cases are resolved through the insurance claim process and do not require a formal lawsuit filing. It is essential to allow yourself sufficient time to bring a lawsuit in the event that insurance negotiations do not go as planned or if a problem occurs that cannot be resolved with insurance.
A few circumstances can pause the clock of the statute of limitations however these cases are extremely rare and need to be evaluated on an individual case-by-case basis. The statute of limitation may not start until the person is aware or should have known that the injury was caused by another's negligence. In some states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. It alleges that the defendant breached a duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.
The complaint is the primary document that is filed in a personal injury lawsuit. It contains detailed allegations regarding the incident that caused your injuries, and the damages you want. It also includes the "prayer for relief" that describes what you would like 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.
The defendant must respond to the complaint within a set of time limits and either admit or deny the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely with our clients to collect all relevant information and then include it in the case. The evidence we gather will also help us to negotiate with defense attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
This could be a long process however, the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you 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 the first time your case is subject to deadlines set by a judge. It is also the time when your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or an individual from the court's staff. If Greenville injury lawyer is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules the participants are required to attend in person. However, if a party is unable to attend in person, they are able to participate via phone or internet with the approval of the convenor. If your case is to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls within one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties identified in the lawsuit are given the option of having twenty or thirty days to respond (although this deadline may be extended with the court's approval). Once the Answer has been filed, the matter moves into the discovery phase. In this phase the parties exchange information through written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. The document details the legal claims that are being made and the relief requested - typically 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 a Bill of Particulars before it is able to be followed. In general, courts will only comply with a Bill of Particulars that is not vague or 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 example was a case where the court concluded that the plaintiff had not been negligent. 1994) The court ruled in favor of the motion to strike references to willful and intentional actions from a medical malpractice claim.
Similarly, the court will not allow introduction of a new theory of recovery at an unreasonably late stage in the litigation. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the lateness of the amendment.
Physical Exam
You might be wondering why a doctor who doesn't know 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, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their goal is to offer an alternative perspective on your injuries. These physicians, who are sometimes referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation which can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from those in your medical records. It is important to avoid playing around with the severity of your injuries to the doctors, since they are trained to recognize fraud and could utilize this information against you at trial.