What is a Personal Injury Lawsuit?
You could be entitled to compensation if have suffered injuries due to the actions or inactions of another person. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil litigant where the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal process that is taken to force another person or entity to compensate you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff and the parties accountable are known as defendants. If someone dies as a result of inattention or negligence of others, wrongful death cases are often included in personal injury lawsuits.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages are designed to ensure that the victim is completely again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages, which are not common and are designed to punish the offender for committing extreme actions.
The first type of damages is often referred to as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. These could include doctor's bills as well as hospital expenses and physical therapy expenses. In some cases other expenses such as the cost of travel to and from appointments, or modifications to your home to accommodate permanent disabilities could also be included in the claim.
Non-economic losses are often called "pain and suffering" damages. These damages are difficult to quantify and include the emotional distress and mental stress that an accident can cause. Your lawyer will help you value these damages based on the severity of your injury. This may be based on your capacity to perform the activities you used to or your loss of a relationship with your family.
Statute of limitations
A legal principle known as the statute of limitation stipulates that anyone injured in an accident must file a lawsuit before a certain date or else the claim will be dismissed. This is to protect evidence from being lost or forgotten and to stop people from drag out litigation related to an incident for a long time.
The exact length of time for filing a claim is different from state to state however personal injury claims generally have a two-to four-year limitation. There are certain exceptions to the time period for filing claims. If you need help in determining whether your case falls under one of these exceptions, then it is recommended to seek legal advice.
The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. It is still important to give yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance.
Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be evaluated on a case by case basis. For example the statute of limitations may not begin to run until the victim discovers or reasonably should have discovered that their injuries were caused by someone else's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case brought by an injured person against the person or entity who caused the injury. It claims that the defendant breached their duty of care and this breach resulted in harm and losses for the plaintiff. The defendant is then held accountable for the losses.
The complaint is the primary document that you file in a personal injury case. It includes specific allegations about the incident that caused your injuries, and the damages you seek. The complaint also contains an "prayer for relief" which outlines what you would like the court to do. The summons and complaint must be delivered to the defendant.
After the complaint is filed, the defendant is required to file an answer to the complaint within a specified timeframe, and must either accept or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant.
A successful personal injury lawsuit relies on solid evidence, including medical records and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence will also assist us negotiate with the attorney of the defendant or insurance representatives to get 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 also prove you were injured in your accident and that these injuries are worthy of financial compensation.
It's a long process, but it is at the trial that you'll finally know if you will receive the damages you deserve. In a jury trial your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will argue that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case is subject to deadlines set by a court. This is also the time when your attorney will discuss the issue with the defense.
A judicial registrar, also known as a member of the court's staff, usually conducts preliminary conferences. Unless the case is being 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. However, if a party is unable to attend in person, they are able to participate via telephone or on the internet with the approval of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls into one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants named in the lawsuit have twenty or thirty days to submit an Answer (although this time frame can be extended if the court gives permission). After Pomona injury attorney is filed, the case moves into the discovery phase. During this stage both parties exchange information through written demands for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is called a Bill of Particulars. This document outlines the legal claims being made and the relief requested - typically an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she can effectively prepare for trial.
The court must examine a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not contain new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike references to willful and intentional actions from a medical malpractice claim.
The court will also not allow a new theory to be added at a point in the case that is unreasonablely late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the lateness of the amendment.
Physical Examination
If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you, your medical history, and the particulars of your injury is asked to conduct an exam. However, this type 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 defendant's insurance company and their aim is to provide a different view of your injuries. While they are sometimes called "independent," these physicians - just like the insurance companies have their own agendas and financial stake in decreasing the amount of compensation that could be awarded to an injured victim.
If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide the complete set of medical records for the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being treated fairly by ensuring that the doctors ' questions aren't divergent from the ones you have in your medical records. It is essential to avoid playing up or down the severity of your injuries to these doctors, as they are trained to recognize the deceit and may utilize this information against you at trial.