What is a Personal Injury Lawsuit?
You could be eligible for compensation if you were injured as a result of the actions or inactions of another person. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, damages to property and other expenses. The process can last between a few months and several years.
Damages
A personal injury lawsuit is a legal proceeding to compel a person or entity to pay compensation for the damage caused by an accident. The plaintiff is the injured party and the defendants are accountable. If someone dies as the result of the carelessness or infractions committed by others, wrongful death cases can be included in personal injury lawsuits.
Damages are usually divided into two categories: punitive and compensatory. 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 bills as well as compensation for pain and suffering. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct.
The first category of damages is typically called "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. In certain cases other expenses such as the cost of travelling to and from appointments or changes to your home due to permanent disabilities can also be included in a claim.
Non-economic damages are commonly called "pain and suffering" damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering that an accident can cause. Depending on the extent of your injuries, your lawyer can help you place a value on the damages. It could be based on your capacity to enjoy activities you used to do or your loss of consortium with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, anyone who suffers an injury in an accident must make a claim within a specified time or the claim will be rejected by the courts. This is done to prevent evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out indefinitely.
The time frame for filing a claim differs from one state another, but most personal injury lawsuits have a limit of two to four years. There are certain exceptions to the limit for filing a claim. If you need help in determining whether your case falls under one of these exceptions, it is recommended to seek legal advice.
One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem occurs which cannot be resolved through insurance.
Certain circumstances may stop the clock of the statute of limitations however, these situations are rare and generally need to be analyzed on an individual basis. The statute of limitations may not start until the person discovers or should have known that the injury was caused by another's negligence. In certain states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action brought by an injured person against the person or entity who caused the injury. It alleges that the defendant breached a duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages.
The first document filed with a personal injury lawsuit is referred to as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you seek. The complaint also contains a "prayer of relief" which outlines what you want the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within specific time limits and either admit or deny all allegations made in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect can also assist us to negotiate with the defendants' lawyers or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
It can be a lengthy process however, the trial is when you'll be able to decide if you'll get the damages you deserve. In the trial before the jury, your lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is the first time your case will be subject to deadlines imposed by a judge. This is also the time when your attorney will be discussing the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or a member of the court's staff. All parties must attend the preliminary conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor is able to allow them to participate by phone or online. If your case is scheduled to be part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls under one of the three classifications - expedited, standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended if the court gives permission). Once the Answer is filed, the case is moved into the discovery phase. In this phase, both parties exchange information via written demands for discovery and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. This document provides 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 being made, so that they can prepare for trial.
Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. For Federal Way injury lawyers , in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted a motion to strike all references to intentional and willful acts from a medical negligence claim.
The court will not permit the introduction of a new doctrine of recovery at an unreasonably late point in the action. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides a reasonable excuse for the delay in the amendment.
Physical Exam
When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction could be to wonder the reason why a doctor who does not know you or your medical history and the details of your injury is required to conduct an examination. This type of exam, which 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 provide a different perspective on your injuries. These doctors, who are sometimes referred to as "independent" and have their own agendas and financial interests in reducing the amount of compensation which can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are being examined fairly by ensuring that the questions of the doctor do not diverge from the ones in your medical records. It is important to avoid playing with the severity of your injuries with the doctors, since they are trained to spot the deceit and may make use of this information against you at trial.