What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have been injured due to 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 in which the plaintiff seeks compensation for their losses, such as medical bills, lost wages property damage, and other costs. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay compensation for the damage caused by an accident. The plaintiff is the one who was injured and the defendants are the ones accountable. If someone dies as a result of the inattention or negligence of others, wrongful death cases are often included in personal injury lawsuits.
Damages are typically classified into two categories: punitive and compensatory. Compensation damages are designed to help the victim get back on track again, including out-of-pocket expenses such as medical bills and compensation for suffering and pain. Punitive damages are uncommon and designed to punish the offender for extreme behavior.
accident and injury lawyers of damages is usually called "economic damages." This covers any out-of-pocket costs resulting from the accident and injuries. These might include doctor's bills or hospital costs, as well as physical therapy costs. Some claims may also include additional costs, like transportation costs to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic damages are often described as "pain and suffering" damages. These are more difficult to quantify and involve the emotional distress, mental anxiety and suffering that an accident can cause. Based on the severity of your injuries your lawyer will assist you to place a value on these damages. This may be based on your capacity to perform the things you were previously able to do or your loss in consortium with family.
Statute of Limitations
A legal requirement, known as the statute of limitations, any person who suffers injury as a result of an accident must file a lawsuit within a certain time frame or their claim will be dismissed by the courts. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out litigation related to an incident for a long time.
The exact time frame is different between states, but personal injury claims typically have a two- to four-year limit. However there are exceptions that could prolong the time required for a victim to make a claim, and they should seek legal advice for help to determine whether or not your case falls under one of the exceptions.
The statute of limitations only applies to lawsuits that are filed in the court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. Even so, it is important to allow yourself enough time to pursue legal action just in case insurance negotiations fail to go as planned or an issue arises that can't be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be considered on a case-by case basis. For instance, the statute of limitations may not start running until the victim discovers or should have reasonably discovered that their injuries were caused by another person's negligent actions. In certain states, like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant violated the duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant should be held accountable for the damages.
The first document filed in 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're seeking. The complaint also contains a "prayer for relief" that outlines what you would like the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued.
The defendant must respond to the complaint within a set of time frames and either accept or deny the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence we gather will also help us to negotiate with the defense attorneys or insurance companies to get the best possible 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 also prove that you suffered injuries due to your accident and that your injuries are a valid reason for financial compensation.
This could be a long process, but the trial is when you will be able to determine if you'll get the damages you're entitled to. In the case of a trial before the jury, your lawyer will argue the defendant's responsibility and the need to compensate you for your losses. The defendant will present evidence to show that their actions are not connected to the accident. This will stop them from paying you for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a judge. This is also the time when your lawyer will discuss the issue with the defense.
A judicial registrar, or an individual of the court's staff, usually conducts preliminary conferences. Unless the case is handled under the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to be present in person. If a person is unable to attend in person, the convenor is able to allow them to participate by phone or online. If your case will be 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 advanced standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this deadline is able to be extended by the court). When the Answer is filed, the case moves into what is known as the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made so that they can prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. In general, the court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical negligence case.
Similarly, the court will not allow the introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. To avoid prejudice, any late amendment to the Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the tardiness of the amendment.
Physical Examination
It is possible to ask why a doctor, who doesn't know you, or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical exam. However, this type of exam is actually required under Washington law, and could be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurer of the defendant. They are there to offer a different perspective on your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in reducing the amount of compensation that could be awarded to an injured victim.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are in line with your medical records. It is crucial to avoid playing around with the severity of your injuries to the doctors, since they are trained to recognize fraud and could make use of this information against you at trial.