What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you could be entitled to compensation. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their loss. This can include medical bills, lost wages and property damage. The process can last between a few months and several years.
Damages
A personal injury lawsuit is a legal process that is used to compel another person, or entity to pay you for damages resulting from 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 include cases of wrongful death when someone dies because of the negligence or wrongful actions of others.
The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are very rare and are intended to punish the wrongdoer for committing extreme actions.
This category covers all costs incurred as a result of the accident or injury. This 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 home modifications to accommodate a permanent disability.
Non-economic damages are commonly called "pain and suffering" damages. They are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to determine the value of these damages. This could be based on the ability to do things you were previously able to do or your loss of a relationship with your family.
Statute of Limitations
A legal rule known as the statute of limitations requires that anyone who is injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for an indefinite period.
The exact time frame differs from state to state but personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time period for filing a claim. If you need assistance in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. Even so, it is important to leave yourself enough time to file a lawsuit just in case insurance negotiations fail to take place as planned or if there is a problem that cannot be easily addressed through the insurance system.
Certain circumstances may stop the clock on the statute of limitations however, these situations are rare and generally need to be analyzed on a case-by-case basis. For instance the statute of limitations may not start to run until a victim discovered or should have reasonably discovered that their injury was caused by another person's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. It asserts that the defendant breached their duty of care and that the breach caused 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 called the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you seek. The complaint also includes an "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.
The defendant must respond to the complaint within certain time limits and either admit or deny all the allegations contained 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 testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. The evidence we collect will also assist us in negotiate with the defense lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the defendant's negligence caused 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.
It's not an easy procedure, but it's at the trial that you'll find out if you be awarded the compensation you are entitled to. In the case of a trial before the jury your lawyer will argue the defendant's responsibility and the need to pay for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent them from paying you for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a judge. This is also the time where your lawyer 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 under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. However, if a party is unable to attend in person, they can participate via phone or internet with the permission of the convenor. If your case is to be part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls within one of the three categories which are expedited, standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline can be extended by the court). After the Answer has been filed, the case is moved into what is called the discovery phase. In this phase the parties exchange information in the form of written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document provides the legal claims that are being made and the relief requested - typically an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, a court will only be able to 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 claimed and should not contain new claims. Cary . Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff had not been negligent. 1994) the court granted the motion to strike all references to willful and intentional actions from a medical malpractice claim.
The court will also not permit a new theory to be added at a point in the action that is unreasonablely late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company requests that you take part in an Independent Medical Examination (IME) the first reaction might be to ask the reason a doctor who may not know you and your medical history and the specifics of your injury is required to conduct an examination. This type of exam is required by Washington law, can be beneficial to your case.
IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their aim is to offer a different view of your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that could be granted to a victim who has been injured.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and will 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 in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot fraudulent behavior, and can use this information at trial.