What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have been injured due to the actions or inactions of another person. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages, property damage and other expenses. The process can take several months to a few years.
Damages
A personal injury lawsuit is a legal action that is used to compel another person, or entity to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are the ones responsible. Personal injury cases can also include the wrongful death of a person who dies due to the negligence or wrongful actions of others.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely again, including out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages are rare and designed to punish the offender for extreme behavior.
This category covers all costs caused by the accident or injury. These could include doctor's bills, hospital costs and physical therapy expenses. In certain cases, additional expenses like the cost of travelling to and from appointments or modifications made to your home due to permanent disabilities could be included in an insurance claim.
Non-economic damages are commonly called "pain and suffering" damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Based on the extent of your injuries, your lawyer can help you determine the value of these damages. Whittier injury attorney YouTube could be based on the ability to enjoy activities you previously enjoyed or your loss of consortium with family members.
Statute of Limitations
Under a legal rule called the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a specified time or else their claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely.
The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a time frame of two to four years. There are some exceptions to the time limit for filing claims. If you require assistance in determining whether your case falls under one of these exceptions, it is recommended that you seek legal advice.
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 process of filing an insurance claim and do not require formal lawsuit filing. However, it is important to allow yourself plenty of time to file a lawsuit just in case insurance negotiations fail to follow the plan or 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 cases are very rare and have to be evaluated on an individual basis. For example the statute of limitations may not start to run until a victim discovered or should have reasonably discovered that their injury was 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 a civil suit filed by an injured party against the person or entity that caused the injury. It claims that the defendant violated their duty of care, and that the breach caused loss and harm to 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 led to your injuries. It also lists the damages you're seeking. The complaint also contains the "prayer of relief" which outlines what you want the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within certain time frames and either accept or deny all the allegations in the complaint. The defendant may also file a counterclaim or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect can also assist us to negotiate with defense lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury lawsuit your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove you suffered injuries in your accident and that your injuries are worth an amount of money.
This can be a long process however, the trial is when you'll be able to decide if you'll get the damages you deserve. In the case of a trial before jurors your lawyer will argue the defendant's responsibility and the need to compensate you for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is usually the first time that your case will be subject to deadlines that are set by the Court itself. This is also the time where your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. All parties must attend the initial conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor may permit them to participate via phone or online. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three categories that are expedited, standard, or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame may be extended by the court). After the Answer is filed, the case moves into what is called the discovery phase. During this time, both sides exchange information in the form of written discovery demands and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of the discovery. This document outlines the legal claims being made as well as 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 that are made to help them prepare for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only be able to abide by 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 claimed, 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 was not negligent. 1994) the court granted the motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will also not permit a new theory to be added at any stage in the litigation that is unreasonable late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed when supported by an affidavit stating a reasonable excuse for the delay in the amendment.
Physical Examination
If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you, your medical history, and the particulars of your accident is being required to conduct an examination. This type of exam is required by Washington law, can 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 provide a different perspective to your injuries. Although they are sometimes called "independent," these physicians, just like insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that could be awarded to an injured victim.
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 the relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the doctors ' questions aren't divergent from those in your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot dishonesty, and could use this information at trial.