What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have suffered injuries due to the actions or inactions of someone else. To learn more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil dispute where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, property damage and other expenses. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to compel another person, or entity to compensate you compensation for damages caused by an accident. The plaintiff is the victim, and the defendants are the ones responsible. Personal injury cases can include wrongful death claims when someone dies due to the inattention or negligence of others.
Damages are usually classified into two categories: compensatory and punitive. 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 offender when they have committed a number of extreme actions.
The first category of damages is usually called "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments or home modifications to accommodate a permanent disability.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These are more difficult to quantify and are a result of the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer can help you determine the value of these damages based on the extent of your injury. It could be based on the ability to continue enjoying the activities you used to do or your loss of consortium with family members.
Statute of Limitations
A legal requirement known as the statute of limitation obliges anyone injured in an accident must file an action within a specified date or else the claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for an indefinite period.
The exact time limit varies from one state to another, but the majority of personal injury claims have a time frame of between two and four years. However there are exceptions that could extend the amount of time that a victim must submit their claim. They should seek legal advice when to determine whether or not their case falls into one of these exceptions.
The statute of limitations applies only to lawsuits filed in court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. Even so, it is important to allow yourself enough time to take legal action in the event that insurance negotiations fail to take place as planned or if there is a problem that cannot be resolved through the insurance system.
Certain circumstances can stop the statute of limitations clock, but these instances are very rare and have to be considered 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 injury was caused by someone else's negligent actions, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Corona injury lawyer is a civil action initiated by a victim against the person or entity that caused the injury. It claims that the defendant breached their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is held accountable for the losses.
The first document filed with a personal injury lawsuit is called the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you're seeking. The complaint also includes a "prayer of relief" that outlines what you want the court to do. The complaint and summons must be delivered to the defendant.
After the complaint is filed, the defendant must file an answer to the complaint within a certain time period, and they may either deny or admit the allegations made in the complaint. The defendant may also file a counterclaim, or add another 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 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 defendant's attorneys or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you suffered injuries in your accident and that these injuries are worthy of financial compensation.
This can be a long process however, the trial is when you can finally determine whether you'll get the damages you deserve. In a jury trial your lawyer will argue that the defendant is accountable and has to pay for your losses. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to pay you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is typically the first time that your case will have deadlines that are set by the Court itself. This is also the time when your attorney will discuss the issue with the defense.
A judicial registrar, or an official of the court staff typically conducts preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party cannot attend in person, they are able to participate via phone or internet, with the consent of the convenor. If your case is to be part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to respond (although this deadline may be extended with the court's consent). Once the Answer is filed, the matter moves into what is called the discovery phase. During this phase both parties exchange information through written demands for discovery and depositions.
The plaintiff's lawyer prepares a Bill of Particulars at the end of discovery. The document is a legal declaration of claims 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 being made, so that they can prepare for trial.
The court must examine the Bill of Particulars before it can be complied with. In general, a court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff had not been negligent. In 1994, the court affirmed the motion to strike all any references to willful or intentional actions in a medical malpractice case.
The court will not permit a new theory to be added at a point in the case that is unreasonablely late. In order to avoid resultant negative consequences, an amendment made late to the Bill of Particulars should only be permitted if supported by an affidavit stating a reasonable excuse for the delay in the amendment.
Physical Examination
You may question the reason why a doctor, who isn't familiar with you or your medical history and is unfamiliar with the specifics of your accident, should be asked to conduct a medical exam. This type of examination is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and their aim is to offer an alternative view of your injuries. Although they are often described as "independent," these physicians as well as insurance companies - have their own agenda and financial interest in decreasing the amount of compensation that could be granted to a victim who has been injured.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will provide a copy to the doctor of all pertinent 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 essential to not play up or down the severity of your injuries to the doctors, since they are trained to spot fraud and could make use of this information against you in trial.