What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. To learn more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This can include medical bills, lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to compel another person or entity to pay you compensation for the damage caused by an accident. The injured party is known as the plaintiff and the parties accountable are known as defendants. When someone dies as a result of negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury lawsuits.
The damages of a victim are typically broken down into two groups that are punitive and compensatory. Compensation damages are based on medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare, are meant to punish the perpetrator if they have committed extreme crimes.
This category includes all expenses that result from the injury or accident. These could include doctor's bills, hospital costs and physical therapy costs. In some cases, additional expenses like the cost of traveling to and from appointments or modifications made to your home for permanent disabilities could also be included in the claim.
Non-economic damages can also be described as "pain and suffer" damages. These damages are harder to quantify and include the emotional stress and mental stress that accidents 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 participate in activities that you previously enjoyed or the loss of your relationship with family members.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a certain time frame or their claim will be dismissed by the courts. This is to stop evidence from being forgotten or lost and to stop people from dragging incident-related litigation out for a long time.
The exact length of time for filing a claim differs from state to state however, personal injury claims typically have a two-to four-year time limit. There are certain exceptions to the period for filing claims. If you require assistance in determining whether your case is one of these exceptions, then it is best to seek legal advice.
The statute of limitations only applies to lawsuits filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. However, it is important to allow yourself enough time to pursue legal action in the event that negotiations do not take place as planned or if an issue arises that can't be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but these instances are very rare and have to be analyzed on an individual case-by-case basis. For example the statute of limitations might not start to run until a victim discovered or reasonably should have discovered that their injuries were caused by a negligent actions. In some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant breached a duty of care, and that the breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages.
The first document filed in a personal injury lawsuit is called the complaint. It contains specific details about the incident that caused your injuries. It also lists the damages you're seeking. It also includes a "prayer for relief" that describes what you would like the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.
After the complaint is filed, the defendant has to file an answer to the complaint within a specific time period, and they may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance agents to obtain the most favorable settlement offer.
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 you suffered injuries in your accident and that these injuries are worth financial compensation.
It can be a lengthy process, but it is at the trial that you will finally know if you will get the compensation you are entitled to. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate 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.
Before you can proceed to trial, you must attend a preliminary conference. This is the first time that your case has deadlines set by a court. It is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, or an official of the court's staff, typically conducts preliminary conferences. All parties must attend the initial conference in person, unless the case is handled under New York's Differentiated Case Management Rule or the Rules are otherwise exempted. However, if a party is unable to attend in person they may participate via phone or internet, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls within one of three categories namely expedited standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this deadline may be extended with the court's consent). Once the Answer is filed, the case is moved to what is known as the discovery phase. During this phase the parties exchange information through written demands for discovery and depositions.
Following the conclusion of discovery, the plaintiff's attorney prepares what is known as a Bill of Particulars. Redding injury lawyer 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 made, to help them prepare for trial.
Before a Bill of Particulars can be followed, it has to be examined by the court. In general, a court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and not include any new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike all references to intentional and willful actions from a medical malpractice claim.
In the same way, the court will not allow introduction of a new doctrine of recovery at an unreasonably late stage in the litigation. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit which gives a reasonable explanation of the tardiness of the amendment.
Physical Examination
You might be wondering why a doctor, who doesn't know you or your medical history and isn't familiar with the details of your accident, should be required to conduct a medical exam. This type of exam, which is required by Washington law, can be beneficial to your case.
IMEs are usually performed by doctors who are employed by the defendant’s insurance company. Their aim is to provide an alternative view of your injuries. Although they are often called "independent," these physicians - just like the insurance companies have their own agendas and financial interest in reducing the amount of compensation that may be awarded to an injured victim.
Your Orange County personal injury attorney will ensure that you are aware of what you can expect from an IME and will provide a copy to the doctor 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. You should not downplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.