What is a Personal Injury Lawsuit?
You could be entitled to compensation if have suffered injuries due to the actions or inactions of someone else. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to cover their losses, which include medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay compensation for the damages resulting from an accident. The plaintiff is the one who was injured, and the defendants are responsible. Personal injury cases can include cases of wrongful death when someone dies due to negligence or wrongful actions of others.
Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the wrongdoer if they have committed extreme crimes.
The first category of damages is usually called "economic damages." This includes any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills as well as doctor's fees and therapy costs. In some cases additional expenses, such as the cost of travel to and from appointments, or changes to your home for permanent disabilities could also be included in an insurance claim.
Non-economic losses are often described as "pain and suffering" damages. These damages are harder to quantify, and they include the emotional distress and mental stress that accidents can cause. Based on the extent of your injuries, your lawyer can help you place a value on these damages. This may be based on your ability to carry out the things you did before or your loss of a relationship with your family.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specific time period or their claim will be dismissed by the courts. This is done 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 duration of time differs from state to state, however personal injury claims generally have a two- to four-year limit. However there are exceptions that can extend the time that a victim must make a claim, and they should seek legal advice for assistance in to determine whether or not their case falls within one of the exceptions.
A key aspect of the statute of limitations is that it is only applicable to the filing of a lawsuit in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. However, it is crucial to give yourself enough time to file a lawsuit in the event that negotiations fail to follow the plan or an issue arises that can't be addressed by the insurance system.
Certain circumstances may stop the clock of the statute of limitations however, these situations are very rare and have to be evaluated on a case-by-case basis. For example, the statute of limitations may not start running until the victim discovers or ought to have realized that their injury was caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity that caused the injury. It claims that the defendant breached the duty of care, that this breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses.
The complaint is the initial document that you file in a personal injury lawsuit. It provides detailed details regarding the incident that caused your injuries, as well as the damages you seek. It also includes an "prayer for relief" that outlines what you want the court to do. The summons and complaint must be handed over to the defendant.
After the complaint is filed, the defendant has to submit an answer to the complaint within a specified time period, and they may either deny or admit the allegations made in the complaint. The defendant may 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 documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is collected and included in the case. click the next web page can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you were injured in your accident and that the injuries are worthy of an amount of money.
This could be a long process, but the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence to prove that their actions are not connected to the accident. This will stop the defendant from paying for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case has deadlines set by a judge. This is also when your attorney will discuss the matter with the defense.
A judicial registrar, also known as an individual of the court's staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person they may participate via telephone or on the internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories: expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this time frame can be extended if the court gives approval). Once the Answer is filed, the case enters what is known as the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. 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 he or she can effectively prepare 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 overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add 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 the reference to willful or deliberate acts in a medical malpractice case.
The court will not permit the introduction of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the tardiness of the amendment.
Physical Exam
You might be wondering the reason why a doctor, who doesn't know 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 examination, which is required by Washington law, could be beneficial to your case.
IMEs are typically performed by doctors who are employed by the defendant’s insurance company. Their goal is to provide an alternative view of your injuries. While they are sometimes described as "independent," these physicians - just like the insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that may be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you understand what you can expect from an IME and will give an IME 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 doctors questions do not deviate from the ones in your medical records. It is essential to avoid playing with the severity of your injuries to the doctors, since they are trained to recognize fraud and could use this information against you in trial.