What is a Personal Injury Lawsuit?
You may be eligible for compensation if you have suffered injuries due to the actions or inactions of someone else. 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 action where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages property damage and other expenses. The process can last between a few months and several years.
Damages
A personal injury lawsuit is an action to force another person or entity to pay compensation for the damage caused by an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. Personal injury cases may include wrongful death claims when someone dies due to negligence or wrongdoing of others.
A victim's damages are typically divided into two categories: compensatory and punitive. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are not common, are meant to punish the wrongdoer when they have committed a number of extreme actions.
The first type of damages is often known as "economic damages." This is the term used to describe any out-of-pocket costs resulting from the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In certain cases additional expenses, such as the cost of traveling to and from appointments, or modifications to your home for permanent disabilities could also be included in the claim.
Non-economic damages can also be referred to by the term "pain and suffer" damages. They are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish caused by accidents. Based on the severity of your injuries, your lawyer will assist you to estimate the value of the damages. This may be based on your capacity to perform the things you were previously able to do or your loss of consortium with your family.
Statute of Limitations
A legal rule known as the statute of limitation obliges anyone injured in an accident should file an action within a specified date or the claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely.
The exact length of time for filing a claim differs from state to state, however, personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the time period for filing an injury claim. If you require assistance to determine if your claim is one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem that is not resolved by insurance.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case by case basis. The statute of limitation may not begin until the victim is aware or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It asserts that the defendant violated their duty of care and that this breach resulted in damage and losses for the plaintiff. The defendant is held accountable for the losses.
The first document filed with a personal injury lawsuit is referred to as the complaint, and 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 for relief" that describes what you want the court to do. The summons and complaint must be given to the defendant.
After the complaint is filed, the defendant has to file an answer to the complaint within a specific time period, and they will either admit or deny the allegations 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 depends on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal injury case 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 these injuries are worthy of financial compensation.
It's not an easy process, but it's at the trial that you'll finally know if you will get the compensation you are entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses.
You must attend a pre-trial discussion prior to proceeding with the trial. West Jordan injury attorneys YouTube is the first time that your case has deadlines set by a judge. It is also the time when your lawyer will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or a member of the court's staff. If the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. However, if a party is unable to attend in person, they are able to participate via telephone or on the internet, with the consent of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three categories which are expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to respond (although this deadline can be extended if the court gives consent). After the Answer has been filed, the case is moved into the discovery phase. In this stage, both parties exchange information via written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the conclusion 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 they is able to effectively prepare for trial.
The court must look over a Bill of Particulars before it can be complied with. 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 negligence that are being alleged and not include any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to intentional and willful actions from a medical malpractice claim.
In the same way, the court will not permit the introduction of a new doctrine of recovery at an unreasonably late stage in the case. To avoid causing prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment.
Physical Exam
If a defense attorney, or an insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction could be to wonder the reason why a doctor who does not know you and your medical history and the specifics of your accident is being required to conduct an examination. This type of examination, which is required by Washington law, could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the insurance company of the defendant. Their aim is to offer a different view of your injuries. These physicians, who are sometimes referred to as "independent" are able to have their own agendas and financial stakes in reducing the amount of compensation which can be paid to victims.
If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide the complete set of medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is essential to avoid playing with the severity of your injuries to the doctors, since they are trained to spot the deceit and may utilize this information against you in trial.