What is a Personal Injury Lawsuit?
If you've been hurt due to another's actions or inactions, you may be able to recover compensation. To learn more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil action where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages property damage and other expenses. The process can last between a few months and several years.
Damages
A personal injury lawsuit is a legal action that is taken to force another individual or entity, to pay you for the damages that result from an accident. The plaintiff is the one who was injured, and the defendants are responsible. Personal injury cases can include the wrongful death of a person who dies because of the inattention or negligence of others.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior.
This category covers all costs incurred as a result of the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic losses are often described as “pain and suffering” damages. These are more difficult to quantify and are a result of the mental and emotional stress, suffering and anguish caused by accidents. Your lawyer can help you value these damages based on the extent of your injury. This might be based on your capacity to enjoy activities you previously enjoyed or your loss of consortium with family members.
Statute of Limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident file an action within a specified date or their claim will be dismissed. This is to safeguard evidence from being lost or forgotten and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact time limit varies from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. However there are exceptions that could extend the time required for a victim to submit their claim. They should seek legal advice for assistance in to determine whether or not their case falls into one of the exceptions.
The statute of limitations applies only to lawsuits filed in court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is still essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem arises that cannot be resolved with insurance.
Certain circumstances can stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case-by case basis. The statute of limitations may not begin until the victim discovers or should have known that the injury was caused by another's negligence. In some states, like New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It asserts that the defendant breached their duty of care and this breach resulted in damage and losses for the plaintiff. The defendant is then held accountable for the losses.
The first document you file with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that led to your injuries. It also outlines the damages you are seeking. It also contains a “prayer for relief” which outlines what you want the court to do. The complaint must be served to the defendant with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant has to file an answer to the complaint within a specified time frame, and may either deny or admit the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce another defendant as a 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 collect the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance agents to obtain the best settlement 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 you suffered injuries in your accident and that your injuries are worthy of an amount of money.
This can be a long process, but the trial is when you will be able to determine if you'll get the damages you deserve. In Manchester injury lawsuits before a jury, your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will stop them from settling your losses.
Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case has deadlines set by a judge. This is also when your attorney will discuss the matter with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or an individual from the court's staff. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to be present in person. If, however, a person is unable to attend in person, they may take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories: complicated or expedited standard.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame may be extended by the court). After the Answer is filed, the case is moved to what is known as the discovery phase. During this phase, both parties exchange information via written demands for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details the legal claims that are being made and the relief requested – typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims being made, to help them prepare for trial.
The court must look over a Bill of Particulars before it is allowed to be enforced. In general, courts will only abide by a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff was not negligent. In 1994, the court upheld a motion to strike any references to willful or intentional actions in a medical malpractice case.
In the same way, the court will not allow introduction of a new theory of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.
Physical Examination
You might be wondering why a doctor who isn't familiar with you or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. But, this type of exam is actually an obligation under Washington law and could be beneficial in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer an alternative perspective on your injuries. Although they are often described as “independent,” these physicians as well as insurance companies – have their own agenda and financial stake in reducing the amount of compensation that can be given to a victim of injury.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide copies of all relevant medical records for the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is essential to avoid playing around with the extent of your injuries with these doctors, as they are trained to recognize the deceit and may use this information against you at trial.