What is a Personal Injury Lawsuit?
If you've been injured due to another's actions or inactions, you could be entitled to compensation. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their losses. This includes medical expenses as well as lost wages and property damage. The process can run from several months to several years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. Personal injury cases may include cases of wrongful death when someone dies due to the negligence or wrongdoing of others.
The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensatory damages are intended to ensure that the victim is completely and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the offender for committing extreme actions.
The first category of damages is typically known as "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages can also be described as "pain and suffer" damages. They are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering that accidents can cause. Depending on the extent of your injuries, your lawyer can help you estimate the value of these damages. It could be based on the ability to continue enjoying the activities you used to do or your loss of connection with family members.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specific time period or else 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 duration of the time limit differs from one state another, but most personal injury claims have a limit of between two and four years. There are certain exceptions to the time limit for filing an injury claim. If you need assistance to determine if your claim is one of these exceptions, then it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. However, it is important to leave yourself enough time to pursue legal action in the event that negotiations fail to go as planned 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 rare and generally need to be considered on an individual case-by-case basis. For instance the statute of limitations may not begin to run until the victim discovers or should have reasonably discovered that their injury was caused by another person's negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant breached a duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages.
The complaint is the primary document that is filed in a personal injury case. It provides detailed details regarding the incident that led to your injuries and the damages you want. It also includes an "prayer for relief" which outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within a set of time limits and either admit or deny all the allegations contained in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit depends on solid evidence, including medical documents and testimony from witnesses. 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 of the defendant or insurance agents to obtain the most favorable settlement offer.
Preliminary Conference
In a personal-injury case, your lawyer must prove that negligence on the part of the defendant caused your accident. You must also prove you were injured in your accident and that the injuries are worthy of the amount of financial compensation.
It's not an easy process, but it is at the trial that you will find out if you get the compensation you deserve. In the case of a trial before the jury, your lawyer will argue that the defendant is at responsibility and the need to be held accountable for your losses. The defendant will provide evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is typically the first time your case will have deadlines set by the Court itself. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, or a member from the court staff, usually conducts preliminary conferences. Unless the case is handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. If, however, a person is unable to attend in person they can participate via telephone or on the internet 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 whether your case falls into one of three categories namely complicated or expedited standard.
Bill of Particulars
When a summons and complaint are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to respond (although this time frame can be extended if the court gives permission). After the Answer is filed, the case enters what is called the discovery phase. In this phase both sides exchange information in the form of written demands for discovery and depositions.
At the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details the legal claims that are being made and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.
Before a Bill of Particulars can be followed, it must be scrutinized by the court. 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 alleged and must not include 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 actions from a medical malpractice claim.
The court will not permit a new theory to be introduced at any point in the action that is unreasonable late. To avoid causing prejudice a late amendment to a Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the lateness of this amendment.
Physical Exam
When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) Your first reaction might be to ask the reason why a doctor who does not know you or your medical history and the specifics of your accident is being requested to conduct an exam. However, this kind of examination is actually a requirement under Washington law, and could be beneficial in your case.
IMEs are usually performed by doctors who are employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. These doctors, who are often referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that can be paid to victims.
If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide a copy of all relevant 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. Do not underplay or exaggerate the severity of your injury to these doctors. Arlington Heights injury lawsuits youtube.com are trained to detect dishonesty, and could utilize this information in court.