What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you could be able to recover compensation. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil action where the plaintiff is seeking compensation for their losses, which include medical bills, lost wages property damage, and other costs. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a legal action that is used to compel another person, or entity to compensate you compensation for damages caused by an accident. The party who suffered the injury is known as the plaintiff while the responsible parties are called defendants. Personal injury cases may include wrongful death claims when someone dies due to the inattention or negligence of others.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages are based on medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and are intended to penalize the wrongdoer for extreme conduct.
This category includes all expenses caused by the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional expenses, such as travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages are commonly called "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, anxiety and suffering caused by accidents. Depending on the severity of your injuries your lawyer can help you place a value on these damages. This could be based on the capacity to perform the things you were previously able to do or your loss of consortium with family.
Statute of limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident should file a lawsuit before a certain date or their claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop those who delay bringing litigation related to an incident out indefinitely.
The exact length of time for filing a claim is different from state to state, but personal injury claims typically have a two- to four-year time limit. However there are exceptions that could extend the time that a victim must submit their claim. They should seek legal advice for assistance in to determine if your case falls under one of the exceptions.
The statute of limitations applies only to lawsuits filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. Even so, it is important to leave yourself enough time to take legal action in the event that insurance negotiations do not go as planned or an issue arises that cannot be easily addressed through the insurance system.
A few circumstances can pause the clock on the statute of limitations, but these instances are extremely rare and need to be considered on a case-by-case basis. The statute of limitations may not start until the person is aware or should have known that the injury was caused by someone else's negligence. In some states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity that caused the injury. It asserts that the defendant violated their duty of care and the breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The first document filed with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also lists the damages you seek. 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 notice that they are being sued.
After the complaint is filed, the defendant is required to respond to the complaint within a specific time period, and they will 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 third party defendant.
A successful personal injury lawsuit depends on solid evidence including medical records 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 can also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
It's not an easy procedure, but it's at the trial that you'll be able to determine if you be awarded the compensation you deserve. In the case of a trial before a jury your lawyer will argue the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to pay you for your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. This is usually the first time that your case will be subject to deadlines established by the Court itself. It is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, or a member from the court staff, typically conducts preliminary conferences. If the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules All participants are required to attend in person. If, however, a person cannot attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case is going to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. In this stage both parties exchange information through written discovery demands and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. 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 being made, to help them prepare for trial.
Livonia injury lawyer must examine the Bill of Particulars before it is able to be followed. In general, a court will only abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not allow a new theory to be added at a point in the case that is unreasonable late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the lateness of this amendment.
Physical Examination
You might be wondering why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. This type of examination is required by Washington law, could be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurance company of the defendant. Their aim is to offer a different view of your injuries. These physicians, who are sometimes called "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation that is paid to victims.
If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide a copy of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are examined with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. You should not downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.