What is a Personal Injury Lawsuit?
If you have been injured due to another's actions or inactions, you may be able to recover compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This includes medical expenses, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal process that is used to compel another person, or entity, to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff while the parties responsible are referred to as defendants. Personal injury cases may include cases of wrongful death when someone dies due to the negligence or wrongful actions of others.
A victim's damages are typically broken down into two groups which are: punitive and compensatory. Compensatory damages are intended to help the victim get back on track for good, including out-of-pocket costs such as medical bills and compensation for suffering and pain. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior.
The first type of damages is usually referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. Longview injury lawsuit may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments or changes to your home for permanent disabilities could also be included in an insurance claim.
Non-economic damages are also referred to by the term "pain and suffer" damages. They are more difficult to quantify and include the mental and emotional stress, suffering and anguish that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the extent of your injury. This could be based on the ability to carry out the things you did before or your loss of consortium with your family.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specific time period or their claim will be rejected by the courts. This is to protect evidence from being lost or forgotten and to stop people from carrying out litigation related to an incident for a long time.
The exact time limit is different from one state to another, but the majority of personal injury claims have a time frame of two to four years. However there are exceptions that may extend the time a victim has to submit their claim. They should seek legal advice when to determine if their case falls into one of the exceptions.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. However, it is crucial to give yourself enough time to take 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 on the statute of limitations, however they are rare and need to be assessed on a case-by case basis. For example, the statute of limitations might not start to run until a victim has discovered or reasonably should have discovered that their injury was caused by a negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. The plaintiff claims that the defendant violated their duty of care, and that the breach caused damage and losses for the plaintiff. The defendant is accountable for the damages.
The first document you file with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you're seeking. The complaint also contains the "prayer for relief" that outlines what you want the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within a set of deadlines and either admit or deny the allegations 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 is based on solid evidence, such as medical documents and witness testimony. We collaborate 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 defendants' attorneys or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal-injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It's a long procedure, but it's at the trial that you will finally know if you will receive the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which prevents them from having to pay you for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is the first time that your case has deadlines set by a judge. This is also the time where your attorney will discuss the case with the defense.
A judicial registrar, also known as an official from the court staff, typically conducts preliminary conferences. Unless the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all participants are required to attend in person. However, if a party is unable to attend in person, they may participate via telephone or on the internet with the approval of the convenor. If your case is going to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline can be extended if the court gives approval). Once the Answer is filed, the case moves into what is called the discovery phase. In this phase 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 end of the discovery. The document details legal claims and the relief sought - usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can prepare effectively for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, the court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court found that the plaintiff had not been negligent. 1994) the court granted the motion to strike references to intentional and willful actions from a medical malpractice claim.
The court will also not permit a new theory to be introduced at an stage in the litigation that is unreasonably late. To avoid prejudice, any late amendment to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the tardiness of the amendment.
Physical Examination
When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) the first reaction may be to question why a doctor who does not know you and your medical history and the specifics of your accident is being asked to conduct an exam. However, this type of examination is actually required under Washington law, and it could be beneficial in your case.
IMEs are usually conducted by doctors employed by the insurer of the defendant. They are there to offer a different view of your injuries. These physicians, who are sometimes referred to as "independent" are able to have their own agendas and financial interests in reducing the compensation that is given to victims of injuries.
If you choose to undergo 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 the complete set of medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is important to not play with the severity of your injuries to the doctors, since they are trained to spot fraud and could use this information against you at trial.