What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to cover their losses, such as medical bills, lost wages damages to property and other expenses. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damage caused by an accident. The person who is injured is referred to 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 the negligence or wrongful actions of others.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs such as medical expenses and compensation for suffering and pain. Punitive damages, which are very rare and are designed to punish the perpetrator if they have committed extreme crimes.
This category covers all expenses incurred as a result of the accident or injury. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damage can also be called "pain and suffer" damages. These damages are difficult to quantify, and include the emotional stress and mental stress that an accident can cause. Based on the severity of your injuries your lawyer can help you estimate the value of these damages. This could be based on the ability to carry out the things you were previously able to do or your loss in consortium with family.
Statute of Limitations
In a legal rule known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a specified time or their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period.
The exact length of time for filing a claim differs from state to state however personal injury claims generally have a two- to four-year limit. There are certain exceptions to the period for filing claims. If you need help to determine if your claim is one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations applies only to lawsuits that are filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. But, it's important to leave yourself enough time to pursue legal action in the event that negotiations do not take place as planned or if an issue arises that cannot be easily addressed through the insurance system.
Certain circumstances may stop the clock of the statute of limitations, but these instances are extremely rare and need to be evaluated on a case-by-case basis. For instance the statute of limitations might not start to run until a victim has discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and in certain states, like 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 asserts that the defendant violated their duty of care and that this breach resulted in harm and losses for the plaintiff. The defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is called the complaint, and it contains detailed allegations about the incident that led to your injuries and outlines the damages you are seeking. The complaint also contains the "prayer for relief" that describes what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant is required 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 may also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect can also assist us to negotiate with the defense attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you were injured in the accident and that the injuries are worthy of an amount of money.
This could be a long process however, the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a trial before a jury, your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will prevent them from having to pay you for 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 court. It is also the time when your attorney will discuss the case with the defense.
A judicial registrar, also known as a member from the court staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person, they may participate via phone or internet, with the consent of the convenor. If accident injury law firms is to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe is able to be extended by the court). Once the Answer has been filed, the case is moved into what is called the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the end of discovery. The document is a legal declaration of claims and the relief sought - typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they can prepare effectively for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. Generally speaking, 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 negligence that is 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 references to intentional or willful actions in a medical malpractice case.
In the same way, the court will not allow the introduction of a new doctrine of recovery at an unreasonably late point in the action. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Exam
It is possible to ask 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 under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to offer an alternative view of your injuries. Although they are sometimes called "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in reducing the amount of compensation that can be given to a victim of injury.
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 and provide copies of all relevant medical records for the doctor to review. 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 crucial to avoid playing up or down the extent of your injuries with the doctors, since they are trained to recognize fraud and could utilize this information against you in trial.