What is a Personal Injury Lawsuit?
You may be entitled to compensation if have suffered injuries due to the actions or inactions of another person. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, including medical expenses, lost wages, damages to property and other expenses. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are responsible. Personal injury cases may include cases of wrongful death when someone dies due to the negligence or wrongful actions of others.
A victim's damages are typically divided into two categories which are: punitive and compensatory. Compensatory damages are meant to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for suffering and pain. Punitive damages are not common and are intended to penalize the offender for extreme behavior.
The first category of damages is often known as "economic damages." This is the term used to describe 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 additional expenses, such as the cost of travelling to and from appointments or changes to your home for permanent disabilities can also be included in a claim.
Non-economic damage can also be referred to by the term "pain and suffer" damages. These damages are difficult to quantify, and they include the emotional stress and mental stress that an accident can cause. Based on the severity of your injuries your lawyer will help you place a value on these damages. This could be based on the ability to do things you did before or your loss of consortium with family.
Statute of Limitations
Under a legal rule called the statute of limitations, any person who is injured in an accident must file a lawsuit within a certain time frame or the claim will be rejected by the courts. This is done to stop evidence from being lost or lost, and to prevent people from dragging incident-related litigation out for a long time.
The exact duration of time is different from state to state, but personal injury claims typically have a two-to four-year limit. There are certain exceptions to the period for filing claims. If you need assistance to determine if your claim falls within one of these exceptions, it is best to seek legal advice.
The statute of limitations applies only to lawsuits that are filed in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is still important to give yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance.
Some circumstances can pause the clock on the statute of limitations, but they are rare and need to be assessed on a case-by-case basis. The statute of limitation may not begin 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 brought by the victim against the party who caused the injury. It claims that the defendant violated their duty of care, and that this breach resulted in harm and losses for the plaintiff. The defendant is held accountable for the losses.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains specific details about the incident that caused your injuries. It also lists the damages you seek. It also contains a "prayer for relief" that outlines what you want the court to do. The summons and complaint must be given to the defendant.
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 in the complaint. The defendant may also file a counterclaim, or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit depends on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we collect will also assist us in negotiate with defense attorneys or insurance agents to negotiate the most favorable 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 the injuries you sustained are worthy of financial compensation.
It can be a lengthy process however, the trial is where you'll be able to decide if you'll be awarded the damages you deserve. In a jury trial, your lawyer will argue that the defendant is accountable and is required to compensate you for the losses you suffered. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to pay you for your losses.
You must attend a pre-trial meeting 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 the time where your attorney will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar, or someone on the court's staff. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all participants are required to attend in person. If a party is not able to attend in person, the convenor may permit them to participate via phone or online. If Topeka injury lawsuits www.youtube.com will be 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: advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline can be extended if the court gives approval). Once the Answer is filed, the case is moved to what is called the discovery phase. In this phase the parties exchange information through written demands for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. The document details legal claims and the relief sought - typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that they 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, courts will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical negligence case.
The court will also not allow a new doctrine to be added at an point in the case that is unreasonably late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the lateness of the amendment.
Physical Exam
You may question why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the details of your accident, would be asked to conduct a medical exam. However, this type of exam is actually a requirement under Washington law, and can be helpful to your case.
IMEs are usually conducted by doctors hired by the insurer of the defendant. Their goal is to offer a different perspective on your injuries. These physicians, who are sometimes called "independent" and have their own goals and financial interests in reducing the amount of compensation which is given to victims of injuries.
If you decide to undergo 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 will provide a copy of all relevant medical records to the doctor to examine. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that doctors questions do not deviate from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may utilize this information in court.