What is a Personal Injury Lawsuit?
You may be eligible for compensation if you have suffered injuries due to the actions or inactions of someone else. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, which include medical bills, lost wages, property damage and other expenses. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another individual or entity, to pay you for damages resulting from an accident. The plaintiff is the injured party, and the defendants are accountable. If someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury claims.
Damages are usually divided into two categories: compensatory and punitive. 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, which are very rare and are designed to punish the offender when they have committed a number of extreme acts.
The first type of damages is usually referred to as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. These may include hospital expenses, doctor's fees and physical therapy costs. Certain claims could also include additional expenses, such as the cost of travel to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic losses are often referred to as "pain and suffering" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering caused by accidents. Your lawyer will help you evaluate these damages based upon the extent of your injury. This could be based on your capacity to continue enjoying the activities you used to do or your loss of consortium with family members.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who suffers an injury in an accident must file a lawsuit within a certain time frame or their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely.
The exact time limit differs from one state another, but most personal injury claims have a time frame of two to four years. However, there are exceptions that could extend the time that a victim must file their claim and they should seek legal advice for assistance in determining whether or not your case falls under one of the exceptions.
The statute of limitations is only applicable to lawsuits filed in court. Many injury cases are resolved through the insurance claim process and do not require formal lawsuit filing. However, it is crucial to give yourself enough time to take legal action just in case insurance negotiations do not take place as planned or if there is a problem that cannot be resolved through the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be assessed on a case-by case basis. For example the statute of limitations might not start to run until a victim has discovered or reasonably should have discovered that their injuries were caused by another person's negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. It claims that the defendant violated a duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.
The complaint is the initial document that is filed in a personal injury case. It contains detailed allegations about the incident that caused your injuries, as well as the damages you seek. The complaint also contains a "prayer for relief" that describes what you would like the court to do. The summons and complaint should be handed over to the defendant.
After the complaint is filed, the defendant must submit an answer to the complaint within a specific timeframe, and must either accept or deny the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance companies to negotiate the best settlement offer possible.
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 as a result of your accident, and that those injuries warrant financial compensation.
This could be a long process however, the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In a trial before jurors your lawyer will argue that the defendant is at liability and that they must be held accountable for your losses. The defendant will argue that their actions are unrelated to the accident, which prevents them from having to pay you for your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is the first time that your case has deadlines set by a court. This is also the time when your attorney will discuss the case with the defense.
A judicial registrar, also known as a member of the court's staff, typically holds preliminary conferences. If the case is handled by New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. If a person is unable to attend in person, the convenor may allow them to participate by phone or via the internet. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls within one of three categories: complicated or expedited standard.
Bill of Particulars
When a summons and complaint are filed, the defendant parties who are named in the lawsuit have twenty or thirty days to file an Answer (although this deadline can be extended with the court's permission). When the Answer is filed, the case moves into what is called the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the end of discovery. The document details legal claims and the relief sought - usually 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 he or she can effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, the court will only abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and must not include 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.
In the same way, the court will not allow the addition of a new theory of recovery at an unreasonable late stage in the case. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an acceptable explanation for the delay in the amendment.
Hartford injury lawyer is possible to ask why a doctor who isn't familiar with you or your medical history, and isn't familiar with the details of your incident, would be required to conduct a medical examination. This type of exam, which is required by 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 offer a different perspective on your injuries. Although they are sometimes referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that may be awarded to an injured victim.
If you choose to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and will provide copies of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. It is important to not play around with the severity of your injuries to these doctors, as they are trained to recognize the deceit and may make use of this information against you in trial.