What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you could be entitled to compensation. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This can include medical bills as well as lost wages and property damage. The process can take several months to a few years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay money for damages related to an accident. The plaintiff is the one who was injured and the defendants are the ones responsible. Personal injury cases may include the wrongful death of a person who dies due to the negligence or wrongdoing of others.
The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensation damages can include medical bills as well as pain and loss compensation, and other out of pocket expenses. Punitive damages, which are very rare and are intended to punish the offender if they have committed extreme crimes.
The first category of damages is often called "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident and injuries. This could include doctor's fees as well as hospital expenses and physical therapy costs. Some claims may also include additional expenses, such as travel costs to and from appointments or the need to modify your home to accommodate a permanent disability.
Non-economic damages are often referred to as "pain and suffering" damages. These are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that accidents can cause. Your lawyer will help you determine the value of these damages based on the severity of your injuries. It could be based on the ability to participate in activities that you used to do or your loss of connection with family members.
Statute of limitations
A legal principle known as the statute of limitations obliges anyone injured in an accident should file an action before a specific date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out indefinitely.
The time frame for filing a claim varies from one state to another, but the majority of personal injury claims have a time frame of two to four years. There are some exceptions to the time to file a claim. If you need assistance to determine if your claim falls within one of these exceptions, it is recommended to seek legal advice.
The statute of limitations is only applicable to lawsuits that are 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. But, it's important to leave yourself plenty of time to take legal action just in case insurance negotiations don't go as planned or an issue arises that can't be addressed by the insurance system.
A few circumstances can pause the statute of limitations clock, but these instances are very rare and have to be evaluated on an individual case-by-case basis. For instance, the statute of limitations may not begin to run until a victim discovered or should have reasonably 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 filed by a victim against the person who caused the injury. It claims that the defendant breached their duty of care and this breach caused loss and harm to the plaintiff. The defendant is then accountable for the damages.
Apple Valley injury attorneys filed with a personal injury lawsuit is referred to as the complaint, and it includes specific allegations regarding the incident that led to your injuries. It also lists the damages you seek. The complaint also contains an "prayer of relief" which 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 submit an answer to the complaint within a specified time frame, and will either admit or deny the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in a different defendant as third-party defendant.
A successful personal injury lawsuit relies on solid evidence such as medical documents and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have can also assist us to negotiate with defense attorneys or insurance agents to negotiate the most favorable 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 were injured in your accident and that the injuries are worth financial compensation.
This could be a long process however, the trial is where you can finally determine whether you'll get the damages you're entitled to. In a jury trial your lawyer will argue that the defendant is responsible and has to pay for your losses. The defendant will argue that their actions do not contribute to the accident, which prevents them from having to compensate you for your losses.
Before proceeding to trial you must attend a preliminary conference. This is usually the first time that your case will have deadlines that are set by the Court itself. This is also the time where your attorney will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. All parties must attend the preliminary conference in person unless the case has been handled by the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to permit them to attend via telephone or online. If your case is 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 advanced standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants named in the lawsuit have either twenty or thirty days in which to respond (although this time frame can be extended with the court's permission). Once the Answer is filed, the case moves into what is called the discovery phase. In this period, both sides exchange information in the form of written discovery demands and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. The document details the legal claims that are being made and the relief requested - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she can effectively prepare for trial.
The court must look over a Bill of Particulars before it is able to be followed. In general, a court will only accept a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars must only include the specific acts of neglect that are being claimed and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case where the court found that the plaintiff was not negligent. 1994), the court sustained the motion to strike references to willful and intentional acts from a medical malpractice claim.
In the same way, the court will not permit the introduction of a new theory of recovery at an unreasonably late stage in the litigation. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating an acceptable explanation for the delay in the amendment.
Physical Examination
You might be wondering the reason why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the specifics of your incident, would be asked to conduct a medical exam. This type of examination, 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 of the defendant and their aim is to offer an alternative perspective to your injuries. These physicians, who are sometimes referred to as "independent", have their own agendas and financial stakes in reducing the amount of compensation that is awarded to injured victims.
If you decide to go through an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and will provide the complete set of medical records for the doctor to examine. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is important to not play with the severity of your injuries with these doctors, as they are trained to recognize fraud and could use this information against you at trial.