What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of someone else. To learn more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, including medical expenses, lost wages, property damage, and other costs. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damages resulting from 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 can also include wrongful death claims when someone dies because of the negligence or wrongdoing of others.
Damages are typically classified into two categories: punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages are rare and designed to punish the offender for extreme behavior.
This category covers all expenses that result from the injury or accident. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some cases, additional expenses like the cost of traveling to and from appointments, or modifications to your home for permanent disabilities may be included in a claim.
Non-economic damages can also be described as "pain and suffer" damages. These are more difficult to quantify and include the mental and emotional stress, anguish and suffering that an accident can cause. Your lawyer can help you evaluate these damages based upon the severity of your injuries. 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 principle known as the statute of limitation obliges anyone injured in an accident must file a lawsuit before a certain date or else 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 a long time.
The exact time frame is different between states, however, personal injury claims typically have a two-to four-year limit. However there are exceptions that can extend the amount of time a victim has to submit their claim. They should seek legal advice for assistance in to determine if your case falls under one of the exceptions.
The statute of limitations applies only to lawsuits filed in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. But, it's crucial to give yourself plenty of time to take legal action just in case insurance negotiations fail to follow the plan or an issue arises that can't be addressed by the insurance system.
Certain circumstances can stop the clock on the statute of limitations, but these instances are very rare and have to be evaluated on a case-by-case basis. The statute of limitation may not be established until the victim realizes or should have realized that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the party who caused the injury. It alleges that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff and that the defendant is liable for those damages.
The first document filed with a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that led to your injuries. It also outlines the damages you're seeking. Hartford injury lawyers YouTube includes an "prayer of relief" which outlines what you want the court to do. The complaint must be served on the defendant, along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant has to submit an answer to the complaint within a specific timeframe, and will either admit or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence can also help us negotiate with the attorney for the defendant or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must also prove you were injured in the accident and that the injuries are worth financial compensation.
It's a long process, but it's at the trial that you will finally know if you will get the compensation you deserve. In a trial before a jury your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which will prevent them from having to pay 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. This is also when your attorney will be discussing the matter with the defense.
Preliminary meetings are usually held by a judicial register or a member of the court's staff. All parties must attend the preliminary conference in person, unless the case is handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to respond (although this time frame can be extended with the court's permission). When the Answer is filed, the case enters what is called the discovery phase. During this time the parties exchange information in the form of written demand for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. The document details legal claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of negligence that are being asserted, and not add any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all any references to willful or intentional actions in a medical malpractice case.
The court will not allow a new doctrine to be added at an point in the action that is unreasonable late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the delay in the amendment.
Physical Examination
When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct may be to question why a doctor who does not know you, your medical history, and the details of your injury is required to conduct an examination. However, this type of exam is actually required under Washington law, and it could be beneficial in your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer an alternative perspective on your injuries. While they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial motives in reducing the amount of compensation that could 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 and will provide a copy 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 examined fairly by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is essential to avoid playing around with the extent of your injuries with the doctors, since they are trained to recognize the deceit and may utilize this information against you at trial.