What is a Personal Injury Lawsuit?
If you've been hurt by another person's actions or inactions, you may be eligible for compensation. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills or lost wages, as well as property damage. The process can run between a few months and several years.
Damages
A personal injury lawsuit is a legal process that is taken to force another individual or entity to pay you for the damages that result from an accident. The injured party is known as the plaintiff while the parties responsible are referred to as defendants. When someone dies as a result of negligence or wrongdoing by others the wrongful death case may be part of personal injury lawsuits.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages, which are not common, are meant to punish the perpetrator for committing extreme acts.
This category includes all expenses incurred as a result of the accident or injury. These may include hospital expenses, doctor's fees and physical therapy costs. In some instances, additional expenses like the cost of travel to and from appointments, or modifications made to your home due to permanent disabilities may also be included in the claim.
Non-economic damages are often described as "pain and suffering" damages. These damages are difficult to quantify and comprise the emotional distress and mental stress that an accident can cause. Based on the severity of your injuries, your lawyer will help you estimate the value of these damages. It could be based on your ability to continue enjoying the activities 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 file an action within a specified date or the claim will be dismissed. This is to stop evidence from being lost or lost, and to prevent those who delay bringing litigation related to an incident out indefinitely.
The exact duration of the time limit differs from one state another, but most personal injury claims have a limit of between two and four years. However there are exceptions that could extend the time that a victim must submit their claim. They should seek legal advice for help to determine if their case falls into one of the exceptions.
The statute of limitations applies only to lawsuits filed in court. Insurance claims are usually used to resolve injuries and do not require formal lawsuits. Even so, it is important to leave yourself enough time to pursue 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.
Certain circumstances may stop the clock on the statute of limitations, however they are not common and have to be assessed on a case-by-case basis. For instance, the statute of limitations may not start running until a victim has discovered or reasonably should have discovered that their injuries were caused by a negligent actions. In accident injury lawyers near me , like New York, the statute of limitations differs for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action initiated by a victim against the person or entity who caused the injury. The plaintiff claims that the defendant breached the duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages.
The complaint is the initial document filed in a personal injury lawsuit. It provides detailed details about the incident that led to your injuries, and the damages you want. It also contains a "prayer for relief" which outlines what you would like the court to do. The summons and complaint should be delivered to the defendant.
After the complaint is filed, the defendant has to respond to the complaint within a specific time frame, 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 a different defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. We work closely with our clients to collect all relevant information and include it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance companies to negotiate the most favorable settlement offer.
Preliminary Conference
In a personal injury case, your attorney must prove that the defendant's negligence caused your accident. You must also prove you suffered injuries in your accident and that these injuries are worthy of financial compensation.
It's not an easy process, but it's at the trial that you'll find out if you receive the damages you deserve. In the trial before jurors the lawyer will argue the defendant's responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence to show that their actions were unrelated to the accident. This will stop the defendant from paying for your losses.
You must attend a pre-trial meeting before you can proceed with the trial. This is the first time that your case has deadlines set by a judge. This is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or an official of the court's staff, usually conducts preliminary conferences. Unless the case is being handled under the New York's Differentiated Case Management Rule, or otherwise exempted from the Rules, all participants are required to attend in person. However, if a party is unable to attend in person they are able to take part via phone or online with the permission of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories: advanced 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 file an Answer (although this deadline can be extended if the court gives approval). Once the Answer has been filed, the matter moves into the discovery phase. In this stage the parties exchange information through written demands for discovery 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 an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that they is able to effectively prepare for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being asserted and must 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.
The court will also not permit a new theory to be introduced at a stage in the litigation that is unreasonably late. To avoid adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering a reasonable excuse for the lateness of the amendment.
Physical Exam
If a defense attorney, or an insurance company demands that you attend 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 incident is requested to conduct an exam. However, this type of exam is actually an obligation under Washington law, and it can be helpful to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to offer a different view of your injuries. Although they are often called "independent," these physicians as well as insurance companies - have their own agenda and financial interest in cutting down on the amount of compensation that may be given to a victim of injury.
If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully 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 with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones in your medical records. It is essential to avoid playing up or down the severity of your injuries to these doctors, as they are trained to spot dishonesty and may make use of this information against you in trial.