What is a Personal Injury Lawsuit?
You could be eligible for compensation if you have been injured due to the actions or inactions of someone else. Contact a knowledgeable personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil matter in which the plaintiff seeks money to compensate for their losses, such as medical bills, lost wages, property damage and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a process to compel a 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. If someone dies as the result of inattention or negligence of others, wrongful death cases may be part of personal injury claims.
Damages are typically classified into two categories: compensatory and punitive. Compensatory damages are intended to make the victim whole for good, including out-of-pocket costs such as medical bills as well as compensation for pain and suffering. Punitive damages are not common and are designed to punish the perpetrator for their extreme behavior.
This category includes all expenses incurred as a result of the accident or injury. This could include hospital bills as well as doctor's fees and therapy costs. Some claims may also include additional costs, like the cost of travel to and from appointments, or home modifications to accommodate a disability that is permanent.
Non-economic losses are often called "pain and suffering" damages. They are more difficult to quantify and involve the mental and emotional stress, anguish and suffering that accidents can cause. Based on the severity of your injuries your lawyer will help you estimate the value of the damages. This could be based on the capacity to perform the things you did before or your loss of a relationship with your family.
Statute of limitations
A legal requirement, known as the statute of limitations, any person who suffers an injury in an accident must file a lawsuit within a specific time period or else their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely.
The exact length of time for filing a claim differs between states, however personal injury claims generally have a two-to four-year limit. However there are exceptions that could prolong the time required for a victim to submit their claim. They should seek legal advice when to determine if your case falls under one of the exceptions.
One of the main facets of the statute of limitations is that it only applies to the filing of an action in a court. Denton injury lawyer are usually used to resolve injury cases and do not require formal lawsuits. It is still important to give yourself enough time to start a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises which cannot be resolved through insurance.
Certain circumstances can stop the clock on the statute of limitations, but these instances are rare and generally need to be considered on an individual case-by-case basis. The statute of limitations may not be established until the victim discovers or should have known that the injury was caused by someone else's negligence. In some states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil action filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant violated a duty of care, that this breach caused harm and loss to the plaintiff and that the defendant should be held liable for those damages.
The complaint is the primary document that is filed in a personal injury case. It contains detailed allegations about the incident that led to your injuries and the damages you seek. It also includes a "prayer for relief" that describes what you would like the court to do. The complaint and summons must be given to the defendant.
After the complaint is filed, the defendant is required to respond to the complaint within a specified timeframe, and must either accept or deny the allegations in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case by naming a third party defendant.
A successful personal injury lawsuit is based on solid evidence including medical documents 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 will also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement possible.
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 you were injured in your accident and that your injuries are worth the amount of financial compensation.
It can be a lengthy process however, the trial is when you will be able to determine 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 that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses.
Before you can proceed to trial you must attend a preliminaries conference. This is the first time that your case has deadlines set by a judge. This is also the time when your attorney will be discussing the issue with the defense.
A judicial registrar, or a member from the court staff, usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case has been handled in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor is able to allow them to participate by phone or online. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three categories that are expedited, standard, or complex.
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 submit an Answer (although this time frame can be extended if the court gives approval). Once the Answer is filed, the case enters what is known as the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions.
The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought, usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
The court must review the Bill of Particulars before it is able to be followed. In general, a court will only be able to abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance was a case where the court concluded that the plaintiff had not been negligent. 1994) The court ruled in favor of a motion to strike all references to intentional and willful acts from a medical malpractice claim.
The court will not allow the addition of a new theory of recovery at a disproportionately late point in the action. To avoid negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit offering an acceptable explanation for the lateness of the amendment.
Physical Examination
It is possible to ask why a doctor who doesn't know you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. This type of examination is required under Washington law, can be beneficial to your case.
IMEs are typically performed by doctors who are employed by the insurer of the defendant. Their aim is to provide an alternative perspective on your injuries. These physicians, who are often referred to as "independent", have their own agendas and financial interests in reducing the amount of compensation which is given to victims of injuries.
If you decide to go through an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide copies of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is not advisable to downplay or exaggerate the severity of your injury to the doctors. They are trained to spot dishonesty, and could utilize this information in court.