What is a Personal Injury Lawsuit?
If best accident injury lawyers have been injured by another person's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills as well as lost wages and property damage. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal action that is used to force another person or entity to compensate you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. Personal injury cases may include cases of wrongful death when someone dies because of the negligence or wrongdoing of others.
The damages a victim suffers are usually broken down into two groups which are: punitive and compensatory. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the offender if they have committed extreme acts.
The first category of damages is typically called "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. These could include doctor's bills as well as hospital expenses and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments, or the need to modify your home to accommodate a permanent disability.
Non-economic losses are often described as "pain and suffering" damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish that accidents can cause. Depending on the severity of your injuries, your lawyer will help you determine the value of the damages. This might be based on your capacity to continue enjoying the activities you previously enjoyed or the loss of your relationship with family members.
Statute of Limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is to protect evidence from being lost or lost in the shuffle and to stop people from carrying out incident-related litigation indefinitely.
The exact duration of time is different from state to state but personal injury claims typically have a two-to four-year time limit. There are some exceptions to the time to file a claim. If you need assistance determining if your case is one of these exceptions, it is best to seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. But, it's important to allow yourself enough time to pursue legal action in the event that negotiations don't go as planned or an issue arises that cannot be resolved through the insurance system.
Certain circumstances can stop the clock of the statute of limitations however, these situations are very rare and have to be analyzed on a case-by-case basis. The statute of limitations might not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In certain states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. The plaintiff claims that the defendant violated the duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages.
The complaint is the first document that is filed in a personal injury case. It provides detailed details concerning the incident that caused your injuries as well as the damages you seek. The complaint also contains the "prayer for relief" that describes 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 must submit an answer to the complaint within a specified time period, and they will either admit or deny the allegations 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, which includes medical documents and witness testimony. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we gather can also assist us to negotiate with defendants' attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that your injuries are worth an amount of money.
It's not an easy process, but it's at the trial that you will finally know if you will receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is liable and has to pay for your losses. The defendant will present evidence to show that their actions were unrelated to the accident. This will stop them from settling your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a judge. It is also the time where your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. Unless the case is handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All parties are required to be present in person. If, however, a person is unable to attend in person they can take part via phone or online with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories: complicated or expedited standard.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to file an Answer (although this deadline may be extended with the court's consent). After the Answer is filed, the case moves into what is known as the discovery phase. During this stage both parties exchange information via written discovery demands and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the conclusion of the discovery. This document outlines legal claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that they can effectively prepare for trial.
The court must look over a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include 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 references to intentional or willful actions in a medical malpractice case.
In the same way, the court will not permit the addition of a new theory of recovery at an unreasonably late stage in the litigation. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit offering a reasonable excuse for the delay in the amendment.
Physical Examination
It is possible to ask why a doctor, who isn't familiar with you or your medical history and isn't familiar with the details of your accident, should be required to conduct a medical exam. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer an alternative view of your injuries. Although they are often described as "independent," these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that can be given to a victim of injury.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide an IME doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can make use of this information in a trial.