What is a Personal Injury Lawsuit?
You could be entitled to compensation if were injured as a result of the actions or inactions of a third party. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can last between a few months and several years.
Damages
A personal injury lawsuit is a legal process which is filed to force another person or entity to compensate you for damages resulting from an accident. The party who suffered the injury is known as the plaintiff and the parties responsible are referred to as defendants. If someone dies as the result of the carelessness or infractions committed by others, wrongful death cases are often included in personal injury claims.
Damages are usually divided into two categories: punitive and compensatory. Compensation damages are designed to make the victim whole again, including out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages, which are very rare, are meant to punish the perpetrator if they have committed extreme actions.
This category covers all expenses that result from the injury or accident. These could include hospital bills medical expenses, doctor's charges and physical therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments or modifications made to your home to accommodate permanent disabilities may also be included in a claim.
Non-economic damages are commonly described as "pain and suffering" damages. These damages are harder to quantify, and they comprise the emotional distress and mental stress that an accident can cause. Depending on the extent of your injuries, your lawyer will assist you to determine the value of the damages. This may be based on your ability to carry out the things you were previously able to do or your loss in consortium with family.
Statute of Limitations
A legal rule known as the statute of limitations requires that anyone who is injured in an accident should file an action before a specific date or their claim will be dismissed. This is done to stop evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for an indefinite period.
The exact length of time for filing a claim varies from state to state however, personal injury claims typically have a two- to four-year limit. There are some exceptions to the time period for filing an injury claim. If you require assistance in determining whether your case falls within one of these exceptions, then it is recommended to seek legal advice.
One of the most important aspects of the statute of limitations is that it only applies to the filing of an action in a court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that is not resolved by insurance.
A few circumstances can pause the clock of the statute of limitations, but these instances are rare and generally need to be considered on an individual basis. For instance, the statute of limitations might not start to run until the victim discovers or ought to have realized that their injuries were caused by another person's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity who caused the injury. It claims that the defendant violated the duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant should be held accountable for the damages.
The first document you file with a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. Hollywood injury lawsuit contains an "prayer of relief" that outlines what you want the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within certain time frames and either accept or deny all allegations in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case by naming third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to collect all relevant information and include it in the case. The evidence we collect will also assist us in negotiate with the defense lawyers or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in your accident and that these injuries are worthy of financial compensation.
It's not an easy process, but it's at the trial that you'll find out if you be awarded the compensation you deserve. In the 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 present evidence to show that their actions are not connected to the accident. This will stop them from paying you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is the first time your case is subject to deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, also known as a member of the court's staff, usually conducts preliminary conferences. Unless the case is handled in accordance with 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 person is unable to attend in person, the convenor is able to permit them to attend via telephone or online. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories - expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to respond (although this time frame can be extended with the court's permission). Once the Answer is filed, the case moves into the discovery phase. During this stage both parties exchange information through written discovery demands and depositions.
The plaintiff's lawyer prepares the Bill of Particulars at the conclusion of the discovery. This document outlines legal claims and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only abide by a Bill of Particulars that 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. 1994) The court ruled in favor of a motion to strike all references to willful and intentional acts from a medical malpractice claim.
The court will not permit a new theory to be added at any stage in the litigation that is unreasonably late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the delay of this 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 or your medical history and the particulars of your injury is requested to conduct an exam. This type of exam, which is required by Washington law, can be beneficial to your case.
IMEs are typically conducted by doctors hired by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. Although they are often described as "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in cutting down on the amount of compensation that can be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you are aware of what you can 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 can ensure that you are being treated fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraud, and may utilize this information in court.