What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you may be entitled to compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, including medical bills, lost wages property damage, and other costs. The process can take several months to a few years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases can also include the wrongful death of a person who dies due to negligence or wrongful actions of others.
Damages are typically classified into two categories: compensatory and punitive. Compensation damages are designed to make the victim whole for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages, which are not common and are designed to punish the wrongdoer when they have committed a number of extreme crimes.
source for this article of damages is often referred to as "economic damages." This includes any out-of-pocket costs resulting from the accident and injuries. This could include doctor's fees or hospital costs, as well as physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments, or the need to modify your home to accommodate a disability that is permanent.
Non-economic damages are often called "pain and suffering" damages. These damages are harder to quantify, and comprise the emotional distress and mental anguish that accidents can cause. Your lawyer will assist you to evaluate these damages based upon the severity of your injury. This could be based on your capacity to continue enjoying the activities you used to do or your loss of connection with family members.
Statute of Limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident file an action within a specified date or the claim will be dismissed. This is to prevent evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time.
The exact length of time for filing a claim varies from state to state, but personal injury claims typically have a two-to four-year time limit. However there are exceptions that can extend the amount of time required for a victim to file their claim and they should seek legal advice when to determine whether or not their case falls into one of the exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. It is still important to allow yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs that is not resolved by insurance.
Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be assessed on a case-by-case basis. For example, the statute of limitations may not begin to run until a victim has discovered or ought to have realized that their injuries were caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant violated the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the losses.
The complaint is the first document filed in a personal injury case. It contains detailed allegations about the incident that led to your injuries and the damages you are seeking. The complaint also contains a "prayer of 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 must submit an answer to the complaint within a certain time frame, and may either deny or admit the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical documents and witness testimony. We work closely 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 the defendants' lawyers or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant led to your accident. You must also prove that you suffered injuries in your accident and that your injuries are worth the amount of financial compensation.
It can be a lengthy process however, the trial is when you will be able to determine if you'll receive the compensation you deserve. In a trial before a jury, your lawyer will argue for the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is usually the first time your case will be subject to deadlines set by the Court itself. It is also the time where your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. Unless the case is handled under New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to be present in person. If a party is unable to attend in person they can take part via phone or online, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories - advanced standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this timeframe may be extended by the court). Once the Answer has been filed, the case is moved into what is called the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document details 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 so that they can prepare for trial.
Before a Bill of Particulars can be followed, it must be examined by the court. Generally, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being asserted, and not add any 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 had not been negligent. In 1994, the court affirmed the motion to strike all any references to willful or intentional acts in a medical malpractice case.
In the same way, the court will not allow the addition of a new theory of recovery at an unreasonably late stage in the case. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the tardiness of the amendment.
Physical Examination
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 examination. However, this kind of examination is actually an obligation under Washington law, and it could be beneficial in your case.
IMEs are typically performed by doctors who are employed by the insurer of the defendant. Their goal is to offer a different perspective on your injuries. Although they are often referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in cutting down on the amount of compensation that can be awarded to an injured victim.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide copies of all relevant medical records to the doctor to look over. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can use this information at trial.