What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you may be eligible for compensation. To learn more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses. This includes medical expenses 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 process to force another person or entity to pay you money for damages related to an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. Personal injury cases can include wrongful death claims when someone dies because of the inattention or negligence of others.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are intended to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages are not common and are designed to punish the wrongdoer for extreme conduct.
The first type of damages is often known as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy expenses. Some claims could also cover additional expenses, such as travel costs to and from appointments, or home modifications to accommodate a permanent disability.
Non-economic damages are commonly called "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that an accident can cause. Depending on the severity of your injuries your lawyer will help you estimate the value of these damages. This might be based on your ability to enjoy activities you were previously able to enjoy or your loss of connection with family members.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is done to stop evidence from being lost or lost and to stop those who delay bringing litigation related to an incident out for an indefinite period.
The exact time limit varies from one state to another, but most personal injury lawsuits have a time limit of between two and four years. However, there are exceptions that may extend the amount of time a victim has to file their claim and they should seek legal advice for help to determine if their case falls within one of the exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of an action in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. However, it is important to leave yourself enough time to file a lawsuit in the event that insurance negotiations fail to follow the plan or an issue arises that cannot be resolved through the insurance system.
Some circumstances can pause 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 might not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it is different for claims against municipalities.
accident injury lawyers near me is filed by a victim against the person who caused the injury. It alleges that the defendant breached the duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages.
The first document you file with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries and outlines the damages you are seeking. The complaint also includes an "prayer of relief" that outlines what you want the court to do. The summons and complaint must be given to the defendant.
The defendant must respond to the complaint within certain deadlines and either admit or deny all the allegations contained in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence including medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process, but it is at the trial that you will find out if you get the compensation you are entitled to. In the case of a trial before a jury the lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will keep them from having to compensate you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also when your lawyer will discuss the issue with the defense.
A judicial registrar, or an official of the court staff typically conducts preliminary conferences. If the case is handled under the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules All participants are required to attend in person. If a party is unable to attend in person, they are able to participate via telephone or on the internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls into one of three categories namely complicated or expedited standard.
Bill of Particulars
After a summons or complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended with the court's consent). After the Answer is filed, the case moves into the discovery phase. During this phase the parties exchange information through written discovery demands and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details the legal claims being made as well as the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, so that they can prepare for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only accept a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court ruled that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike out references to intentional or willful acts in a medical negligence case.
The court will also not allow a new theory to be added at any stage in the litigation that is unreasonablely late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be permitted if supported by an affidavit stating an acceptable explanation for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you or your medical history and the particulars of your accident is being requested to conduct an exam. This type of examination is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and their goal is to offer an alternative view of your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies - have their own agenda and financial stake in reducing the amount of compensation that could be granted to a victim who has been injured.
If you decide to go through 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 for the doctor to review. Your lawyer will also be present at the IME and will make sure that you are examined in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may make use of this information in a trial.