What is a Personal Injury Lawsuit?
You may be entitled to compensation if were injured as a result of the actions or inactions of another person. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you money for damages related to an accident. The party who suffered the injury is known as the plaintiff while the parties responsible are referred to as defendants. When someone dies as a result of negligence or wrongdoing by others, wrongful death cases are often included in personal injury claims.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical expenses and compensation for pain and suffering. Punitive damages, which are not common, are meant to punish the perpetrator when they have committed a number of extreme acts.
This category includes all expenses caused by the injury or accident. This could include doctor's fees as well as hospital expenses and physical therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments, or changes to your home for permanent disabilities may be included in a claim.
Non-economic damages can also be called "pain and suffer" damages. These damages are difficult to quantify, and they comprise the emotional distress and mental anguish that accidents can cause. Based on the severity of your injuries, your lawyer will help you place a value on the damages. This may be based on your ability to carry out the things you were previously able to do or your loss of a relationship with family.
Statute of limitations
In a legal rule known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a certain time frame or else their claim will be rejected by the courts. This is done to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for a long time.
The time frame for filing a claim varies from one state to another, but the majority of personal injury lawsuits have a time limit of two to four years. There are some exceptions to the time period for filing claims. If you need help determining if your case falls within one of these exceptions, it is best to seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of an action in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is nevertheless important to give yourself enough time to start a lawsuit in the event that insurance negotiations don't go as planned, or if a problem occurs that is not resolved by insurance.
Some circumstances can pause the clock on the statute of limitations, however they are extremely rare and have to be considered on a case by case basis. The statute of limitations may not start until the person discovers or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. The plaintiff claims that the defendant violated the duty of care, and that this breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is called the complaint, and it contains specific details about the incident that caused your injuries and outlines the damages you seek. The complaint also includes a "prayer of relief" that outlines what you would like the court to do. The summons and complaint should be delivered to the defendant.
The defendant must respond to the complaint within specific time limits and either admit or deny all the allegations contained in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal-injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you suffered injuries in your accident and that these injuries are worth financial compensation.
It's not an easy process, but it is at the trial that you will finally know if you will get the compensation you are entitled to. In the trial before a jury, your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to pay you for your losses.
Carson injury attorney YouTube must attend a pre-trial discussion before proceeding with the trial. This is the first time your case will be subject to deadlines imposed by a court. This is also the time that your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar or an individual from the court's staff. All parties must attend the preliminary conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is not able to attend in person, the convenor can permit them to participate via phone or online. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three classifications - expedited, standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline can be extended if the court gives approval). Once the Answer is filed, the case is moved to 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 discovery. The document details legal claims and the relief sought - typically an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
The court must examine a Bill of Particulars before it can be complied with. Generally, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add 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. 1994), the court sustained the motion to strike all references to willful and intentional acts from a medical negligence claim.
The court will not allow a new doctrine to be introduced at an stage in the litigation that is unreasonablely late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the delay in the amendment.
Physical Exam
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 accident, should be asked to conduct a medical examination. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to provide a different perspective on your injuries. These doctors, who are sometimes referred to as "independent" and have their own agendas and financial stakes in reducing the amount of compensation that can be paid to victims.
If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide copies of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from those in your medical records. It is crucial to not play around with the severity of your injuries to these doctors, as they are trained to recognize dishonesty and may utilize this information against you in trial.