What is a Personal Injury Lawsuit?
You may be entitled to compensation if you have suffered injuries due to the actions or inactions of another person. To find out more about your legal rights get in touch with a seasoned personal injury lawyer.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to compensate for their losses, including medical bills, lost wages, damages to property and other expenses. The process can take anywhere 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 compensate you for damages resulting from an accident. The plaintiff is the victim and the defendants are the ones responsible. Personal injury cases can also include wrongful death claims when someone dies because of the inattention or negligence of others.
A victim's damages are typically broken down into two groups: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation, and other out-of-pocket expenses. Punitive damages are uncommon and are intended to penalize the perpetrator for their extreme behavior.
This category covers all costs incurred as a result of the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. Certain claims could also include additional costs, like transportation costs to and from appointments or home modifications to accommodate a permanent disability.
Non-economic losses are often called "pain and suffering" damages. These are more difficult to quantify and include the emotional distress, mental anxiety and suffering that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injuries. This may be based on your ability to carry out the activities you used to or your loss of a relationship with family.
Statute of limitations
Under a legal rule called the statute of limitations, any person who suffers an injury in an accident must make a claim within a specific time period or else their claim will be rejected by the courts. This is done to stop evidence from being lost or lost, and to prevent people from dragging incident-related litigation out for an indefinite period.
The exact duration of time differs between states, but personal injury claims typically have a two- to four-year time limit. However there are exceptions that may prolong the time that a victim must make a claim, and they should seek legal advice for help to determine whether or not their case falls into one of the exceptions.
One of the most important aspects of the statute of limitations is that it only applies to the filing of a lawsuit in court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. It is important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations do not go as planned or if there is a problem that is not resolved by insurance.
Certain circumstances may stop the clock on the statute of limitations, but they are not common and have to be considered on a case-by case basis. For instance the statute of limitations might not start to run until the victim discovers or reasonably should have discovered that their injury was caused by a negligent actions, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by a victim against the person 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 is accountable for the losses.
The complaint is the primary document that you file in a personal injury lawsuit. It includes specific allegations concerning the incident that caused your injuries and the damages you are seeking. The complaint also includes an "prayer of relief" that outlines what you want the court to do. The complaint must be served on the defendant along with a summons that is a notice that they are being sued.
The defendant must respond to the complaint within specific time frames and either accept or deny the allegations contained in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, such as medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have will also help us to negotiate with defendants' attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
This can be a long process however, the trial is when you will be able to determine if you'll be awarded the damages you deserve. In a trial before a jury, your lawyer will argue that the defendant is accountable and must pay you for your losses. The defendant will argue that their actions are not related to the accident, which will keep them from having to compensate you for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is typically the first time your case will be subject to deadlines set by the Court itself. This is also the time when your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial register or a member of the court's staff. Unless the case is handled by the New York's Differentiated Case Management Rule, or if it is exempted from the Rules, all parties are required to be present in person. If a party is unable to attend in person, they may participate via phone or internet with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls within one of the three classifications - expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to submit an Answer (although this time frame can be extended if the court gives permission). Once the Answer is filed, the case moves into the discovery phase. During this time, both sides exchange information in the form of written demand for discovery and depositions.
The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. This document outlines the legal claims being made as well as the relief sought - usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being filed so that he or she can prepare effectively for trial.
The court must review 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 broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court found that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike all references to intentional or willful actions in a medical malpractice case.
The court will not permit a new theory to be introduced at an point in the case that is unreasonably late. 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
You may question why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your incident, would be required to conduct a medical examination. This type of exam, which is required by Washington law, can be beneficial to your case.
Brockton injury lawsuits are typically conducted by doctors hired by the insurer of the defendant. They are there to offer a different perspective on your injuries. These doctors, who are often referred to as "independent" are able to have their own goals and financial interests in reducing the compensation that can be awarded to injured victims.
Your Orange County personal injury attorney will ensure that you understand 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 accordance with your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.