What is a Personal Injury Lawsuit?
You may be eligible for compensation if you were injured as a result of the actions or inactions of another person. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can run from several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to compel another person, or entity to compensate you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are responsible. Personal injury cases can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others.
Damages are usually divided into two categories: compensatory and punitive. Compensation damages can include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common and are intended to punish the offender for committing extreme acts.
This category includes all expenses that result from the injury or accident. These might include doctor's bills or hospital costs, as well as physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a disability that is permanent.
Non-economic losses are often referred to as "pain and suffering" damages. They are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering that accidents can cause. Based on the severity of your injuries, your lawyer will help you place a value on the damages. It could be based on the ability to participate in activities that you previously enjoyed or the loss of your relationship with family members.
Statute of Limitations
A legal requirement known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or else the claim will be dismissed. This is done to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for a long time.
The exact length of time for filing a claim varies between states, however personal injury claims generally have a two- to four-year limitation. However, there are exceptions that can extend the amount of time a victim has to make a claim, and they should seek legal advice when to determine if your case falls under one of the exceptions.
The statute of limitations applies only to lawsuits filed in the court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. Even so, it is crucial to give yourself enough time to pursue legal action in the event that insurance negotiations don't go as planned or an issue arises that cannot be addressed by the insurance system.
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 start running until a victim has discovered or reasonably should have discovered that their injury was caused by another person's negligence, and in certain states, like New York, the statute of limitations is different 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 claims that the defendant breached the duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages.
The complaint is the initial document filed in a personal injury lawsuit. It contains detailed allegations about the incident that caused your injuries and the damages you want. The complaint also includes an "prayer of relief" which describes what you would like the court to do. The complaint and summons must be given to the defendant.
After the complaint is filed, the defendant must submit an answer to the complaint within a specified timeframe, and may either deny or admit 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 depends on solid evidence, including medical records and testimony from witnesses. We work closely together with our clients to gather the relevant information and incorporate it in the case. The evidence we have will also assist us in negotiate with the defendants' attorneys or insurance companies to obtain the best settlement offer.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove you suffered injuries in your accident and that these injuries are worth the amount of financial compensation.
This could be a long process, but the trial is when you will be able to determine if you'll be awarded the damages you deserve. In a trial before a jury the lawyer will argue for the defendant's responsibility and the need to compensate you for your losses. The defendant will argue that their actions are unrelated to the accident, which will prevent them from having to compensate you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is the first time that your case is subject to deadlines set by a judge. It is also the time where your attorney will discuss the case with the defense.
A judicial registrar, also known as an individual of the court's staff, typically conducts preliminary conferences. Unless the case is handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the participants are required to attend in person. If a party is not able to attend in person, the convenor is able to permit them to attend via phone or via the internet. If your case is going to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories - expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline can be extended if the court gives approval). Once the Answer is filed, the case is moved to what is called the discovery phase. During this phase both parties exchange information through written demands for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details 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 he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. In general, the court will only accept a 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 contain new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld 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 theory of recovery at an unreasonably late point in the action. To avoid Suggested Studying , a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the lateness of the amendment.
Physical Examination
When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you or your medical history and the particulars of your accident is being required to conduct an examination. This type of exam 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. They are there to provide an alternative view of your injuries. These doctors, sometimes called "independent" and have their own agendas and financial stakes in reducing the compensation that can be paid to victims.
If you decide to undergo an IME the Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide copies of all relevant medical records for the doctor to examine. 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 not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraud, and may make use of this information in a trial.