What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you may be entitled to compensation. To learn 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 compensation for their losses, such as medical expenses, lost wages, damages to property and other expenses. The process can run from several months to several years.
Damages
A personal injury lawsuit is a legal action that is used to compel another person, 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 a result of the negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury lawsuits.
The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages are uncommon and designed to punish the wrongdoer for extreme conduct.
This category covers all costs incurred as a result of the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some instances, additional expenses like the cost of travel to and from appointments, or modifications made to your home for permanent disabilities can be included in an insurance claim.
Non-economic damages are commonly called "pain and suffering" damages. These damages are difficult to quantify, and they comprise the emotional distress and mental stress that accidents can cause. Your lawyer will help you evaluate these damages based upon the severity of your injuries. This might be based on your ability to participate in activities that you were previously able to enjoy or your loss of consortium with family members.
Statute of limitations
In a legal rule known as the statute of limitations, any person who is injured in an accident must file a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten, and to prevent people from dragging out incident-related litigation indefinitely.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a time limit of two to four years. There are certain exceptions to the time to file claims. If you require assistance to determine if your claim falls under one of these exceptions, it is best to seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Insurance claims are often used to settle injury cases and do not require formal lawsuits. It is still essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance aren't as smooth as you had hoped, or if a problem arises that cannot be resolved with insurance.
Some circumstances can pause the clock on the statute of limitations, however they are not common and have to be considered on a case by case basis. The statute of limitation may not be established until the victim discovers or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the damages.
The first document filed in a personal injury lawsuit is known as the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you seek. It also includes a "prayer for relief" that describes what you want the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within certain time limits and either admit or deny the allegations in the complaint. The defendant can 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 including medical documents and testimony from witnesses. We collaborate 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 best settlement offer possible.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you were injured in your accident and that these injuries are worth the amount of financial compensation.
It's a long process, but it's at the trial that you will be able to determine if you receive the damages you deserve. In a trial before jurors your lawyer will argue for the defendant's responsibility and they will argue that they have to be held accountable for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which prevents them from having to reimburse you for your losses.
You must attend a pre-trial meeting before proceeding with the trial. This is often the first time your case will be subject to deadlines that are set by the Court itself. It is also the time when your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or a member of the court's staff. 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 Dayton injury lawsuits is unable to attend in person, the convenor is able to allow them to participate by phone or online. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three classifications - expedited, standard or complex.
Bill of Particulars
After the summons and complaint have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). 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 demands for discovery and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines legal 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.
The court must examine a Bill of Particulars before it can be complied with. Generally, the court will only abide by a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court concluded that the plaintiff was not negligent. 1994) the court granted the motion to strike references to willful and intentional actions from a medical malpractice claim.
The court will not allow a new doctrine to be added at any point in the case that is unreasonably late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation 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 specifics of your accident, should be required to conduct a medical exam. This type of examination, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to provide a different perspective on your injuries. While they are sometimes described as "independent," these physicians - just like the 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.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and will make sure that you are examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could utilize this information in court.