What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have suffered injuries due to the actions or inactions of a third party. To find out more about your legal rights, 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, which include medical bills, lost wages, property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal process that is used to force another person or entity to pay you for the damages that result from an accident. The plaintiff is the injured party, and the defendants are accountable. If someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case are often included in personal injury claims.
Damages are typically classified into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses such as medical expenses and compensation for suffering and pain. Punitive damages are not common and designed to punish the offender for extreme behavior.
The first category of damages is often called "economic damages." This includes the cost of out-of-pocket expenses incurred due to the accident or injury. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In some cases other expenses such as the cost of traveling to and from appointments, or modifications to your home to accommodate permanent disabilities may be included in the claim.
Non-economic damages are often described as "pain and suffering" damages. These damages are difficult to quantify, and they comprise the emotional distress and mental anguish that an accident can cause. Your lawyer will help you evaluate these damages based upon the severity of your injury. This could be based on the capacity to perform the activities you used to or your loss of a relationship with family.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specific time period or the claim will be dismissed by the courts. This is done to prevent evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely.
The exact time limit varies from one state to another, but most personal injury claims have a limit of two to four years. There are certain exceptions to the time to file a claim. If you require assistance to determine if your claim falls under one of these exceptions, it is recommended to seek legal advice.
The statute of limitations applies only to lawsuits filed in the court. Insurance claims are usually used to resolve injury cases and do not require formal lawsuits. Even so, it is crucial to give yourself plenty of time to pursue legal action in the event that negotiations don't go as planned or an issue arises that can't be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations however these cases are rare and generally 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 another's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant breached the duty of care, that this breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the damages.
The complaint is the first document filed in a personal injury case. It provides detailed details regarding the incident that led to your injuries, as well as the damages you want. The complaint also includes a "prayer of relief" that outlines what you would like the court to do. The summons and complaint should be given to the defendant.
After the complaint is filed, the defendant must respond to the complaint within a specified time period, and they must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence we collect can also assist us to negotiate with the defendants' attorneys or insurance agents to get the best possible settlement offer.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries from your accident, and that your injuries are a valid reason for financial compensation.
It can be a lengthy process, but it's at the trial that you will be able to determine if you receive the damages you are entitled to. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will stop the defendant from paying for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also the time that your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar or someone on the court's staff. All participants must attend the preliminary conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor can permit them to attend via telephone or online. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls within one of the three classifications which are expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties who are named in the lawsuit have the option of having twenty or thirty days to respond (although this deadline may be extended with the court's consent). Once the Answer has been filed, the matter moves into the discovery phase. During this time both sides exchange information in the form of written demand for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details legal claims 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 being made, to help them prepare for trial.
Chicago injury attorney YouTube must examine a Bill of Particulars before it can be complied with. Generally, the court will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical malpractice case.
The court will not permit a new theory to be added at any point in the case that is unreasonablely 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 lateness of this amendment.
Physical Examination
You may question why a doctor who doesn't know you or your medical history, and isn't familiar with the details of your accident, would be asked to conduct a medical examination. However, this kind of exam is actually required under Washington law and could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to provide a different view of your injuries. These doctors, sometimes called "independent" and have their own agendas and financial stakes in reducing the compensation that can be awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and can ensure that you are examined fairly by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is important to avoid playing up or down the severity of your injuries with these doctors, as they are trained to spot the deceit and may use this information against you in trial.