What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you may be entitled to compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, such as medical bills, lost wages property damage, and other costs. The process can take several months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay money for damages related to an accident. The plaintiff is the injured party and the defendants are the ones accountable. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongdoing of others.
Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are meant to help the victim get back on track again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages, which are rare and are designed to punish the perpetrator when they have committed a number of extreme actions.
This category includes all expenses caused by the accident or injury. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damages are often referred to as "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, anguish and suffering that an accident can cause. Your lawyer will help you value these damages based on the extent of your injury. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship with family.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a certain time frame or else their claim will be rejected by the courts. This is to protect evidence from being lost or lost in the shuffle and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact length of time for filing a claim is different between states, however personal injury claims generally have a two- to four-year limitation. However there are exceptions that could extend the amount of time required for a victim to make a claim, and they should seek legal advice when to determine whether or not your case falls under one of the exceptions.
The statute of limitations applies only to lawsuits filed in court. Many injury cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. But, it's important to leave yourself plenty of time to take legal action in the event that negotiations do not follow the plan or an issue arises that cannot be easily addressed through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be assessed on a case-by-case basis. For instance the statute of limitations might not start running until the victim discovers or reasonably should have discovered that their injury was caused by a negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity that caused the injury. It claims that the defendant breached their duty of care, and that this breach resulted in loss and harm to the plaintiff. The defendant is then held accountable for the losses.
The complaint is the initial document filed in a personal injury lawsuit. It contains detailed allegations concerning the incident that caused your injuries, and the damages you are seeking. Bellevue injury lawsuit contains an "prayer of relief" that outlines what you would like the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant has to respond to the complaint within a certain time frame, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim or add a third party defendant to the case by naming 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 ensure that all relevant information is gathered and included in the case. The evidence we collect will also assist us in negotiate with defendants' attorneys or insurance agents to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit, your lawyer must prove that negligence on the part of the defendant led to 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's not an easy procedure, but it's at the trial that you will be able to determine if you receive the damages you deserve. In the trial before the jury, your lawyer will argue for the defendant's responsibility and the need to pay for your losses. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to compensate you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case will be subject to deadlines imposed by a court. It is also the time where your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial register or an individual from the court's staff. Unless the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to be present in person. If a party is not able to attend in person, the convenor is able to 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 whether your case falls into one of three categories namely expedited standard or complex.
Bill of Particulars
After the summons and complaint are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame is able to be extended by the court). After the Answer is filed, the case moves into what is known as the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. The document details legal claims 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.
Before a Bill of Particulars can be followed, it has to be examined by the court. Generally speaking, the court will only comply with a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence 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 in which the court ruled that the plaintiff was not negligent. 1994) the court granted the motion to strike references to intentional and willful acts from a medical malpractice claim.
Similarly, the court will not permit the addition of a new theory of recovery at an unreasonable late stage in the litigation. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the lateness of this amendment.
Physical Examination
When a defense attorney or insurance company demands that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you and your medical history and the details of your injury is asked to conduct an exam. This type of examination is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and aim to offer an alternative perspective to your injuries. Although they are sometimes referred to as "independent," these physicians as well as 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.
If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect and provide a copy of all relevant medical records to the doctor to look over. Your lawyer will also be present at the IME and will ensure that you are being examined in a fair manner by ensuring that the doctors ' questions aren't divergent from the ones in your medical records. It is important to not play up or down the extent of your injuries with these doctors, as they are trained to spot fraud and could utilize this information against you at trial.