What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you may be eligible for compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills as well as lost wages and property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay compensation for the damages resulting from an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can include cases of wrongful death when someone dies because of the inattention or negligence of others.
The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensation damages are based on medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior.
The first type of damages is typically known as "economic damages." This covers the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. In some instances other expenses such as the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities can also be included in an insurance claim.
Non-economic damage can also be described as "pain and suffer" damages. These damages are harder to quantify, and they include the emotional distress and mental anguish that accidents can cause. Your lawyer can help you value these damages based on the severity of your injury. This might be based on the ability to participate in activities that you were previously able to enjoy or your loss of consortium with family members.
Statute of limitations
A legal principle known as the statute of limitation obliges anyone injured in an accident should file an action within a specified date or else the claim will be dismissed. This is to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents 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 limitation. However, there are exceptions that can prolong the time a victim has to file their claim and they should seek legal advice when determining whether or not your case falls under one of the exceptions.
Garland injury lawsuits of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. But, it's important to allow yourself enough time to pursue legal action just in case insurance negotiations don't follow the plan or an issue arises that can't be easily addressed through the insurance system.
Certain circumstances may stop the clock on the statute of limitations however, these situations are extremely rare and need to be evaluated 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 injuries were caused by another person's negligent actions, and in some states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated the duty of care, and that the breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.
The first document filed in a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that caused your injuries and outlines the damages you are seeking. It also includes an "prayer for relief" that outlines what you would like the court to do. The summons and complaint must be delivered to the defendant.
After the complaint is filed, the defendant has to respond to the complaint within a certain time period, and they may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim, or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in the accident and that the injuries are worth an amount of money.
It can be a lengthy process, but it is at the trial that you will finally know if you will get the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for your losses. The defendant will argue that their actions are not related to the accident, which will prevent them from having to reimburse you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is the first time that your case is subject to deadlines set by a court. It is also the time that your attorney will discuss the case with the defense.
A judicial registrar, also known as an official of the court staff usually conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled by 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 is able to permit them to attend via phone or online. If your case is going to be a 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 - expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline may be extended with the court's consent). After the Answer is filed, the case moves into the discovery phase. In this phase both parties exchange information via written demands for discovery and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. This document outlines the legal claims being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can effectively prepare for trial.
The court must review the Bill of Particulars before it is able to be followed. Generally, the court will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all any references to willful or intentional acts in a medical malpractice case.
The court will not allow introduction of a new theory of recovery at a disproportionately late point in the action. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit offering a reasonable excuse for the delay in the amendment.
Physical Exam
You might be wondering the reason why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical examination. But, this type of examination is actually an obligation under Washington law, and it can be helpful to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer an alternative view of your injuries. While they are sometimes called "independent," these physicians as well as insurance companies have their own agendas and financial interest in reducing the amount of compensation that can be granted to a victim who has been injured.
If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could use this information at trial.