What is a Personal Injury Lawsuit?
You could be entitled to compensation if have been injured due to the actions or inactions of another person. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their losses. This includes medical expenses or lost wages, as well as property damage. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to force another person or entity, to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured and the defendants are accountable. When someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case may be part of 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 like medical bills and compensation for suffering and pain. Punitive damages are not common and are intended to penalize the offender for extreme behavior.
This category covers all costs incurred as a result of the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments or changes to your home for permanent disabilities can also be included in a claim.
Non-economic losses are often referred to as "pain and suffering" damages. They are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Your lawyer can help you evaluate these damages based upon the severity of your injuries. This might be based on your capacity to participate in activities that you used to do or the loss of your relationship with family members.
Statute of limitations
A legal rule known as the statute of limitation stipulates that anyone injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for a long time.
The exact time frame differs from state to state, however personal injury claims generally have a two-to four-year limit. There are some exceptions to the time limit for filing an injury claim. If you need help determining if your case falls within one of these exceptions, it is best to seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is still important to allow yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned, or if there is a problem that cannot be resolved with insurance.
Certain circumstances can stop the statute of limitations clock however these cases are extremely rare and need to be considered on an individual case-by-case basis. The statute of limitations may not be established until the victim realizes or should have realized that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities.
Billings injury lawyers is brought by the victim against the party 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 liable for those damages.
The complaint is the initial document filed in a personal injury case. It provides detailed details about the incident that led to your injuries, and the damages you seek. The complaint also contains an "prayer of relief" which outlines what you would like the court to do. The complaint and summons must be handed over to the defendant.
The defendant must respond to the complaint within a set of time limits and either admit or deny all the allegations made in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance companies to negotiate the best settlement possible.
Preliminary Conference
In a personal injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.
It's not an easy process, but it is at the trial that you will be able to determine if you get the compensation you are entitled to. In the case of a trial before jurors the lawyer will argue that the defendant is at liability and that they must pay for your losses. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent them from paying you for your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time that your case has deadlines set by a court. This is also when your lawyer will discuss the case with the defense.
A judicial registrar, or a member of the court staff typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a person is unable to attend in person, the convenor can permit them to participate via phone or online. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories - advanced standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendant parties named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this time frame can be extended with the court's consent). After the Answer is filed, the case is moved to what is known as the discovery phase. In this period the parties exchange information in the form of written demands for discovery and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is known as a Bill of Particulars. This document outlines the legal claims being made and 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 being made, to help them prepare for trial.
The court must review a Bill of Particulars before it can be complied with. 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 neglect that are being asserted, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court concluded that the plaintiff had not been negligent. 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 also not permit a new theory to be introduced at an stage in the litigation that is unreasonably late. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the delay of this amendment.
Physical Examination
It is possible to ask the reason why a doctor, who isn't familiar with you or your medical history and isn't familiar with the details of your accident, would be asked to conduct a medical exam. But, this type of exam is actually an obligation under Washington law, and it can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer an alternative perspective to your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies have their own agendas and financial motives in cutting down on the amount of compensation that could be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. It is important to avoid playing around with the extent of your injuries with these doctors, as they are trained to spot dishonesty and may utilize this information against you at trial.