What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have been injured due to the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil dispute where the plaintiff seeks compensation for their loss. This includes medical expenses or lost wages, as well as property damage. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to compel another person, or entity to compensate you for damages resulting from an accident. The person who is injured is referred to as the plaintiff, while the parties accountable are known as defendants. When someone dies as a result of inattention or negligence of others, wrongful death cases are often included in personal injury lawsuits.
The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensation damages are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are rare and are intended to punish the wrongdoer if they have committed extreme crimes.
The first type of damages is often referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills or hospital costs, as well as physical therapy costs. In some cases additional expenses, such as the cost of traveling to and from appointments, or changes to your home for permanent disabilities could also be included in the claim.
Non-economic damages are also referred to by the term "pain and suffer" damages. They are more difficult to quantify and include the emotional distress, mental anxiety and suffering caused by accidents. Depending on the extent of your injuries, your lawyer will assist you to estimate the value of these damages. It could be based on your capacity to participate in activities that you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit within a specified time or their claim will be dismissed by the courts. This is to safeguard 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 from state to state however, personal injury claims typically have a two-to four-year limit. However there are exceptions that could extend the amount of time required for a victim to submit their claim. They should seek legal advice when determining whether or not their case falls within one of these exceptions.
One of the main facets of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are typically used to resolve injuries and do not require formal lawsuits. But, it's important to leave yourself plenty of time to pursue legal action in the event that insurance negotiations don't go as planned or there is a problem that cannot be resolved through the insurance system.
Certain circumstances can stop the clock on the statute of limitations, however they are rare and need to be considered on a case-by-case basis. The statute of limitations may not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, like New York, it 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 their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is held accountable for the losses.
The first document you file with a personal injury lawsuit is called the complaint. It includes specific allegations regarding the incident that caused your injuries. It also lists the damages you are seeking. The complaint also contains an "prayer of 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 file a counterclaim or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence such as medical documents and testimony from witnesses. We work closely together with our clients to collect the relevant information and incorporate it 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 lawsuit the attorney for you must prove that the defendant's negligence caused your accident. You must be able to prove that you sustained injuries due to your accident and that the injuries you sustained are worthy of financial compensation.
This can be a long process, but the trial is where you will be able to determine if you'll be awarded the damages you deserve. In a jury trial, your lawyer will argue that the defendant is responsible and has to pay for the losses you suffered. The defendant will present evidence that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is typically the first time that your case will be subject to deadlines that are set by the Court itself. This is also when your attorney will discuss the case with the defense.
Lancaster injury lawyers are usually held by a judicial register or someone on the court's staff. If the case is 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. If a party cannot attend in person, they can participate via telephone or on the internet with the permission of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories: advanced standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this deadline can be extended by the court). Once the Answer is filed, the case is moved to what is called the discovery phase. During this time both sides exchange information in the form of written discovery demands and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of the discovery. This document outlines the legal claims being made as well as the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that they can effectively prepare for trial.
Before a Bill of Particulars can be followed, it has to be scrutinized by the court. In general, a court will only be able to abide by the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out any references to willful or intentional actions in a medical malpractice case.
The court will not allow a new doctrine to be added at a point in the action that is unreasonable late. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the delay of this amendment.
Physical Exam
When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you, your medical history, and the details of your accident is being requested to conduct an exam. This type of exam is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their goal is to provide a different perspective on your injuries. While they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial motives in decreasing the amount of compensation that may be given to a victim of injury.
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 and will provide the complete set of medical records to the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are being examined in a fair manner by ensuring that the doctors questions do not deviate from the ones you have in your medical records. It is not advisable to downplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may use this information at trial.