What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be entitled to compensation. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, such as medical expenses, lost wages, damages to property and other expenses. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is a legal process that is used to compel another person, or entity to compensate you for the damages that result from 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 can also include the wrongful death of a person who dies because of the inattention or negligence of others.
The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs such as medical expenses as well as compensation for suffering and pain. Punitive damages are uncommon and are designed to punish the wrongdoer for extreme conduct.
The first category of damages is typically referred to as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments, or home modifications to accommodate a permanent disability.
Non-economic damages are commonly called "pain and suffering" damages. These damages are harder to quantify, and they include the emotional stress and mental stress that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to place a value on these damages. This could be based on the capacity to perform the activities you used to or your loss in consortium with your family.
Statute of Limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident must file a lawsuit before a certain date or else the claim will be dismissed. This is to protect evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely.
The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a limit of between two and four years. There are some exceptions to the time limit for filing a claim. If you require assistance to determine if your claim falls under one of these exceptions, it is recommended to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to start 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.
over here can pause the clock on the statute of limitations, however they are not common and have to be assessed on a case by case basis. The statute of limitations may not start until the person 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 made 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 asserts that the defendant violated their duty of care and this breach caused damage and losses for the plaintiff. The defendant is then accountable for the damages.
The first document you file with a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also outlines the damages you are seeking. It also contains the "prayer for relief" which outlines what you would like the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant is required to file an answer to the complaint within a specified timeframe, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit depends on solid evidence including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove you suffered injuries in your accident and that these injuries are worth an amount of money.
This could be a long process however, the trial is where you can finally determine whether you'll get the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses.
Before proceeding to trial you must attend a preliminary conference. This is usually the first time your case will have deadlines set by the Court itself. This is also the time when your attorney will be discussing the matter 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 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 is able to permit them to participate via telephone or online. 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 into one of three categories: advanced standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline may be extended with the court's approval). When the Answer is filed, the case enters what is called the discovery phase. In this period the parties exchange information in the form of written discovery demands and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. The document details legal claims and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims being 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 abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not allow the addition of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment.
Physical Examination
You may question the reason why a doctor, who doesn't know you or your medical history and is unfamiliar with the specifics of your accident, should be required to conduct a medical examination. However, this type of examination is actually a requirement under Washington law, and it could be beneficial in your case.
IMEs are usually conducted by doctors employed by the insurer of the defendant. Their aim is to provide an alternative view of your injuries. Although they are often described as "independent," these physicians as well as insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that may be granted to a victim who has been injured.
If you choose to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect. They will provide the complete set of medical records to the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is important to avoid playing around with the severity of your injuries with these doctors, as they are trained to spot dishonesty and may use this information against you in trial.