What is a Personal Injury Lawsuit?
If you've been injured by another person's actions or inactions, you could be able to recover compensation. Contact an experienced personal injury lawyer to find out more about your rights.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last 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 compensate you for damages resulting from an accident. The injured party is known as the plaintiff and the parties accountable are known as defendants. Personal injury cases may include the wrongful death of a person who dies due to inattention or negligence of others.
The damages of a victim are typically divided into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical expenses as well as compensation for pain and suffering. Punitive damages, which are very rare, are meant to punish the offender for committing extreme actions.
The first category of damages is typically referred to as "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy expenses. In some cases, additional expenses like the cost of travelling to and from appointments or changes to your home for permanent disabilities may be included in an insurance claim.
Non-economic damages are also described as "pain and suffer" damages. These are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering that accidents can cause. Based on the severity of your injuries your lawyer will help you determine the value of the damages. This may be based on your capacity to perform the things you did before or your loss in consortium with your family.
Statute of limitations
Under a legal rule called the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specific time period or their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time.
The exact duration of time varies from state to state, however, personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the to file claims. If you need help to determine if your claim falls within one of these exceptions, it is recommended to seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. It is important to give yourself enough time to file a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance.
Peoria injury lawyers YouTube may stop the statute of limitations clock however, these situations are very rare and have to be evaluated on an individual basis. For example, the statute of limitations might not start running until a victim has discovered or reasonably should have discovered that their injury was caused by another person's negligence, and in certain states, such as New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is filed by the victim against the person who caused the injury. It claims that the defendant breached their duty of care and that this breach resulted in harm and losses for the plaintiff. The defendant is held accountable for the losses.
The first document you file with a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that caused your injuries and outlines the damages you seek. It also contains an "prayer for relief" that describes what you want the court to do. The complaint must be served to the defendant with a summons, which is a notice that they are being sued.
After the complaint is filed, the defendant is required to submit an answer to the complaint within a certain timeframe, and must either accept or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical records and witness testimony. We work closely together with our clients to collect all relevant information and include it in the case. The evidence will also help us negotiate with the attorney for the defendant or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that your injuries are worthy of an amount of money.
This can be a long process, but the trial is when you will be able to determine if you'll be awarded the damages you're entitled to. In a trial before the jury the lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent them from settling your losses.
You must attend a pre-trial conference before you can proceed with the trial. This is typically the first time your case will have deadlines established by the Court itself. This is also the time when your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial register or someone on the court's staff. All parties must attend the initial conference in person unless the case is handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, the convenor is able to permit them to participate via phone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls under one of three categories: complicated or expedited standard.
Bill of Particulars
When a summons and complaint are filed, the defendants named in the lawsuit have either twenty or thirty days in which to file an Answer (although this deadline can be extended with the court's permission). After the Answer has been filed, the matter moves into the discovery phase. During this stage, both parties exchange information via written demands for discovery and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details the legal claims being made 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 made, so that he or she is able to effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be examined by the court. In general, courts will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence asserted and should not include 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 acts from a medical malpractice claim.
In the same way, the court will not allow the addition of a new theory of recovery at an unreasonably late stage in the litigation. To avoid prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit, which provides a reasonable explanation for the delay of this amendment.
Physical Exam
If a defense attorney, or an insurance company requests that you take part in an Independent Medical Examination (IME) Your first reaction could be to wonder why a doctor who does not know you or your medical history and the specifics of your accident is being requested to conduct an exam. This type of exam 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 goal is to provide a different perspective to your injuries. These doctors, sometimes called "independent" and have their own goals and financial interests in reducing the amount of compensation which is given to victims of injuries.
Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. Your lawyer will also be present at the IME and can ensure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent 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 dishonesty, and could use this information at trial.