What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have suffered injuries due to the actions or inactions of someone else. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal proceeding to force another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the injured party, and the defendants are the parties accountable. Personal injury cases can also include cases of wrongful death when someone dies due to inattention or negligence of others.
Damages are typically classified into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs such as medical bills and compensation for suffering and pain. Punitive damages, which are very rare and are designed to punish the offender for committing extreme acts.
The first type of damages is usually known as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident or injury. These could include hospital bills as well as doctor's fees and therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments or home modifications to accommodate a disability that is permanent.
Non-economic damages are commonly described as "pain and suffering" damages. They are more difficult to quantify and include the mental and emotional stress, anguish and suffering that accidents can cause. Depending on the severity of your injuries, your lawyer can help you determine the value of these damages. This may be based on your capacity to perform the activities you used to or your loss of a relationship with family.
YouTube of Limitations
A legal principle known as the statute of limitation stipulates that anyone injured in an accident must file an action before a specific date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out litigation relating to incidents for an indefinite period.
The exact time limit differs from one state another, but most personal injury claims have a time limit of two to four years. However, there are exceptions that could extend the time that a victim must submit their claim. They should seek legal advice when to determine if their case falls into one of these exceptions.
The statute of limitations only applies to lawsuits filed in court. A majority of injuries cases are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs that is not resolved by insurance.
Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be evaluated on a case by case basis. The statute of limitations may not start until the person realizes or should have realized that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person who caused the injury. It asserts that the defendant breached their duty of care and this breach resulted in loss and harm to the plaintiff. The defendant is accountable for the damages.
The first document filed with a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also lists the damages you are seeking. The complaint also includes the "prayer of relief" which outlines what you want the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within specific time frames and either accept or deny all the allegations in the complaint. The defendant can also file a counterclaim, or add another defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical documents and witness testimony. We work closely together with our clients to gather all relevant information and then include it in the case. The evidence will also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement offer possible.
Preliminary Conference
In a personal injury case, your attorney must prove that the negligence of the defendant led to your accident. You must also prove that you were injured in the accident and that these injuries are worthy of the amount of financial compensation.
This could be a long process however, the trial is where you will be able to determine if you'll be awarded the damages you're entitled to. In a jury trial, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will present evidence to prove that their actions were not related to the accident. This will prevent the defendant from paying for your losses.
Before you can proceed to trial, you must attend a preliminary conference. This is typically the first time your case will have deadlines set by the Court itself. This is also the time when your lawyer will discuss the matter with the defense.
A judicial registrar, or a member from the court staff, typically holds preliminary conferences. All parties must attend the initial conference in person unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person is unable to attend in person they can participate via telephone or on the internet with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls within one of the three classifications that are expedited, standard, or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will be given between twenty and thirty days (although this deadline may be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the conclusion of the discovery. The document details the legal claims being made as well as the relief sought, usually 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 he or she is able to effectively prepare for trial.
The court must examine a Bill of Particulars before it is allowed to be enforced. In general, a court will only be able to abide by a Bill of Particulars if it is not vague or overbroad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case in which the court ruled that the plaintiff had not been negligent. 1994) the court granted the motion to strike references to willful and intentional acts from a medical negligence claim.
The court will not allow a new doctrine to be added at a point in the action that is unreasonablely late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the delay in the amendment.
Physical Exam
If a defense attorney, or an insurance company asks you to take part in an Independent Medical Examination (IME), your natural first instinct could be to wonder the reason why a doctor who does not know you and your medical history and the particulars of your incident is required to conduct an examination. This type of exam is required under Washington law, could be beneficial to your case.
IMEs are typically conducted by doctors employed by the defendant’s insurance company. Their goal is to provide an alternative perspective on your injuries. These doctors, who are sometimes referred to as "independent", have their own goals and financial interests in reducing the amount of compensation which is paid to victims.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will provide the doctor with a copy of all relevant medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is important to not play up or down the extent of your injuries with the doctors, since they are trained to spot dishonesty and may use this information against you in trial.