What is a Personal Injury Lawsuit?
You may be entitled to compensation if you were injured as a result of the actions or inactions of someone else. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can last from several months to several years.
Damages
A personal injury lawsuit is a process to compel another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are the ones responsible. Personal injury cases may include wrongful death claims when someone dies due to inattention or negligence of others.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior.
The first category of damages is often known as "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. Some claims could also cover additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic damages can also be called "pain and suffer" damages. These damages are difficult to quantify, and they include the emotional stress and mental anguish caused by accidents. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This could be based on the capacity to perform the activities you used to or your loss in consortium with your family.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a specific time period or the claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The exact time limit is different from one state to another, but most personal injury claims have a time frame of two to four years. There are some exceptions to the time to file a claim. If you need help determining if your case is one of these exceptions, it is best to seek legal advice.
A key aspect of the statute of limitations is that it only applies to the filing of an action in a court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is still important to allow yourself enough time to file 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 of the statute of limitations however, these situations are very rare and have to be analyzed on a case-by-case basis. For example, the statute of limitations may not start running until the victim discovers or reasonably should have discovered that their injuries were caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. It alleges that the defendant violated a duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages.
The complaint is the first document that is filed in a personal injury case. It provides detailed details about the incident that led to your injuries, as well as the damages you seek. The complaint also contains the "prayer of relief" which outlines what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within specific time limits and either admit or deny the allegations contained in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal-injury case 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 as a result of your accident, and that the injuries you sustained are worthy of financial compensation.
Rialto injury attorney YouTube 's not an easy process, but it's at the trial that you'll finally know if you will get the compensation you deserve. In the trial before jurors the lawyer will argue the defendant's liability and that they must be held accountable 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.
You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time your case is subject to deadlines set by a judge. This is also the time when your lawyer will discuss the matter with the defense.
A judicial registrar, also known as an individual of the court's staff, typically conducts preliminary conferences. If the case is handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. If a party is unable to attend in person, the convenor can permit them to participate via phone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories: complicated or expedited standard.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have between twenty and thirty days (although this timeframe is able to be extended by the court). Once the Answer is filed, the case is moved into the discovery phase. During this phase both parties exchange information through written demands for discovery and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. The document details the legal claims being made and the relief sought - usually 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.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, a court will only accept 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 alleged, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court found that the plaintiff had not been negligent. 1994), the court sustained a motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will not allow introduction of a new doctrine of recovery at a disproportionately late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be allowed when supported by an affidavit that provides an acceptable explanation for the delay in the amendment.
Physical Exam
When a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you and your medical history and the particulars of your incident is required to conduct an examination. This type of exam is required under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer a different perspective on your injuries. These physicians, who are sometimes referred to as "independent" are able to have their own agendas and financial stakes in reducing the compensation that can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in line with your medical records. It is important to not play around with the extent of your injuries with the doctors, since they are trained to recognize the deceit and may utilize this information against you in trial.