What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you could be able to recover compensation. To find out more about your legal rights to pursue compensation, consult a knowledgeable 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 last from a few months to a few years.
Damages
A personal injury lawsuit is a legal proceeding that is used to force another individual or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are the parties accountable. If someone dies as the result of the inattention or negligence of others the wrongful death case are often included in personal injury lawsuits.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are not common and designed to punish the offender for extreme behavior.
The first type of damages is often known as "economic damages." This covers any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills, doctor's fees and physical therapy costs. Some claims could also cover additional costs, like travel costs to and from appointments, or home modifications to accommodate a disability that is permanent.
Non-economic damage can also be described as "pain and suffer" damages. These damages are difficult to quantify and include the emotional distress and mental stress that an accident can cause. Your lawyer can help you evaluate these damages based upon the extent of your injury. This might be based on the ability to participate in activities that you previously enjoyed or your loss of consortium with family members.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a specified time or their claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for a long time.
The exact length of time for filing a claim varies from state to state, however, personal injury claims typically have a two-to four-year time limit. However there are exceptions that could prolong the time required for a victim to make a claim, and they should seek legal advice when to determine if their case falls within one of the exceptions.
The statute of limitations only applies to lawsuits that are filed in court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance.
Certain circumstances may stop the clock on the statute of limitations, but they are extremely rare and have to be evaluated on a case by case basis. For instance, the statute of limitations might not begin to run until the victim discovers or should have reasonably discovered that their injuries were caused by someone else's negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit brought by an injured person against the person or entity who caused the injury. It claims that the defendant violated their duty of care and this breach caused loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The complaint is the first document that is filed in a personal injury lawsuit. It includes specific allegations regarding the incident that led to your injuries and the damages you want. The complaint also contains a "prayer of relief" that outlines what you would like the court to do. The complaint and summons must be delivered to the defendant.
After the complaint is filed, the defendant has to respond to the complaint within a specified time period, and they must either accept or deny the allegations made in the complaint. The defendant can also file a counterclaim or add another defendant to the case as third party defendant.
A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence can also help 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 negligence of the defendant led to your accident. You must also prove you were injured in your accident and that your injuries are worth financial compensation.
It can be a lengthy process, but it's at the trial that you will find out if you receive the damages you deserve. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.
Before you can proceed to trial, you must attend a preliminaries conference. This is often the first time that your case will have deadlines that are set by the Court itself. This is also when your attorney will discuss 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 preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to permit them to attend via phone or online. If Albany injury lawsuit is going to be part of the Differentiated Case Management program, the preliminary conference will be a chance 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 named in the lawsuit have twenty or thirty days to respond (although this time frame can be extended if the court gives permission). After the Answer is filed, the case is moved into the discovery phase. In this period the parties exchange information in the form of written demands for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the conclusion of the discovery. This document outlines 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 made, so that they can prepare for trial.
The court must review a Bill of Particulars before it is able to be followed. Generally, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For instance, 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 actions in a medical malpractice case.
The court will also not permit a new theory to be introduced at any stage in the litigation that is unreasonably late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit stating an adequate explanation for the delay in the amendment.
Physical Examination
You might be wondering why a doctor who doesn't know you or your medical history and is unfamiliar with the details of your accident, would be asked to conduct a medical examination. This type of examination is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to offer an alternative perspective on your injuries. While they are sometimes called "independent," these physicians as well as insurance companies have their own agendas and financial stake in decreasing the amount of compensation that can be awarded to an injured victim.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect and provide copies of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. It is essential to not play around with the severity of your injuries with the doctors, since they are trained to recognize dishonesty and may utilize this information against you in trial.