What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you could be eligible for compensation. To learn more about your legal rights to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to compensate for their losses, including medical bills, lost wages, property damage and other expenses. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal action that is taken to force another individual or entity, to pay you compensation for damages caused by an accident. The plaintiff is the one who was injured, and the defendants are the parties responsible. If someone dies as a result of inattention or negligence of others, wrongful death cases may be part of personal injury claims.
Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely again, including out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct.
The first category of damages is typically called "economic damages." This includes all out-of-pocket expenses associated with the accident or injury. These could include doctor's bills as well as hospital expenses and physical therapy costs. In some cases, additional expenses like the cost of travel to and from appointments, or modifications made to your home due to permanent disabilities can also be included in the claim.
Non-economic damages are commonly called "pain and suffering" damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that accidents can cause. Depending on the severity of your injuries your lawyer will assist you to determine the value of the damages. This could be based on the ability to carry out the things you did before or your loss of a relationship with family.
Statute of limitations
A legal rule known as the statute of limitation requires that anyone who is injured in an accident file a lawsuit before a certain date or else their claim will be dismissed. This is done to stop evidence from being forgotten or lost, and also to stop those who delay bringing litigation related to an incident out for a long time.
Medford injury attorney of time differs between states, however personal injury claims generally have a two-to four-year limit. However, there are exceptions that may extend the time a victim has to make a claim, and they should seek legal advice for help determining whether or not your case falls under one of these exceptions.
One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. Insurance claims are typically used to settle injury cases and do not require formal lawsuits. It is still important to give yourself enough time to file a lawsuit in the event that insurance negotiations do not go as planned or if a problem arises that cannot be resolved with insurance.
A few circumstances can pause the clock on the statute of limitations however, these situations are very rare and have to be considered on a case-by-case basis. For example, the statute of limitations may not start running until a victim discovered or should have reasonably discovered that their injuries were caused by someone else's negligence, and in certain states, like New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It asserts that the defendant violated their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.
The complaint is the first document filed in a personal injury case. It provides detailed details about the incident that led to your injuries, as well as the damages you seek. It also includes a "prayer for relief" that 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 must file an answer to the complaint within a specific time frame, and will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit depends on solid evidence, including medical records 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 collect will also help us to negotiate with the defendants' lawyers or insurance agents to obtain the best settlement offer.
Preliminary Conference
In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in your accident and that these injuries are worth the amount of financial compensation.
This can be a long process, but the trial is when you'll be able to decide if you'll receive the compensation you're entitled to. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will prevent the defendant from paying for your losses.
Before proceeding to trial you must attend a preliminaries conference. This is often the first time your case will be subject to deadlines set by the Court itself. It is also the time where your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial registrar, or a member of the court's staff. All parties must attend the initial 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 party is unable to attend in person, the convenor can permit them to attend via phone or online. If your case is going to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls into one of the three categories 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 timeframe is able to be extended by the court). After the Answer is filed, the case enters what is called the discovery phase. During this phase, both parties exchange information via written demands for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details legal claims 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 filed so that he or she can effectively prepare for trial.
The court must look over the Bill of Particulars before it is able to be followed. Generally speaking, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 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 allow a new theory to be introduced at an stage in the litigation that is unreasonablely late. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of 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 natural first instinct may be to question why a doctor who does not know you and your medical history and the particulars of your incident is asked to conduct an exam. However, this type of exam is actually a requirement under Washington law, and could be beneficial to your case.
IMEs are usually conducted by doctors employed by the insurance company of the defendant. They are there to provide an alternative view of your injuries. These doctors, who are sometimes called "independent", have their own agendas and financial stakes in reducing the amount of compensation which can be given to victims of injuries.
Your Orange County personal injury attorney will ensure that you are aware of what to expect from an IME and will give a copy to the doctor of the 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. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraud, and may utilize this information in court.