What is a Personal Injury Lawsuit?
You could be entitled to compensation if have suffered injuries due to the actions or inactions of a third party. Contact an experienced personal injury attorney to learn more about your rights.
A personal injury lawsuit is civil litigant in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last from a few months to a few years.
Damages
A personal injury lawsuit is a legal proceeding which is filed to force another individual or entity to pay you for the damages that result from an accident. The plaintiff is the one who was injured and the defendants are the ones responsible. Personal injury cases can include cases of wrongful death when someone dies due to negligence or wrongdoing of others.
Damages are usually classified into two categories: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are not common, are meant to punish the offender when they have committed a number of extreme acts.
This category covers all expenses caused by the injury or accident. These might include doctor's bills or hospital costs, as well as physical therapy expenses. Centennial injury lawsuit could also cover additional costs, like travel costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages are also referred to by the term "pain and suffer" damages. These are more difficult to quantify and are a result of the mental and emotional stress, anxiety and suffering that an accident can cause. Your lawyer can help you determine the value of these damages based on the severity of your injury. This might be based on your capacity to continue enjoying the activities you used to do or your loss of consortium with family members.
Statute of Limitations
A legal requirement, known as the statute of limitations, anyone who suffers injury as a result of an accident must file a lawsuit 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 individuals from dragging litigation relating to incidents out for a long time.
The exact duration of time varies between states, however, personal injury claims typically have a two- to four-year limitation. There are certain exceptions to the to file a claim. If you require assistance in determining whether your case falls under one of these exceptions, then it is recommended to seek legal advice.
A key aspect of the statute of limitations is that it applies only to the filing of a lawsuit in court. Many injury cases are resolved through the insurance claim process and do not require a formal lawsuit filing. Even so, it is crucial to give yourself plenty of time to pursue legal action in the event that negotiations do not go as planned or there is a problem that cannot be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations, but they are rare and need to be evaluated on a case by case basis. The statute of limitation may not begin until the victim discovers or should have known that the injury was caused by another's negligence. In some states, like 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 that caused the injury. It claims that the defendant breached the duty of care, and that the breach caused harm and losses to the plaintiff and that the defendant is accountable for the losses.
The complaint is the primary document that is filed in a personal injury case. It contains detailed allegations regarding the incident that led to your injuries and the damages you want. It also contains the "prayer for relief" that outlines what you would like the court to do. The complaint must be served on the defendant along with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within specific time limits and either admit or deny all allegations contained in the complaint. The defendant can also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit is built on solid evidence, including medical documents and witness testimony. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence will also assist us negotiate with the attorney for the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal-injury case your lawyer must show that negligence on the part of the defendant caused your accident. You must also prove that you were injured in the accident and that the injuries are worth financial compensation.
It can be a lengthy process, but it's at the trial that you will find out if you get the compensation you deserve. In the trial before jurors, your lawyer will argue for the defendant's liability and that they must be held accountable for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which prevents them from having to reimburse you for your losses.
Before proceeding to trial, you must attend a preliminary conference. This is typically the first time that your case will have deadlines that are set by the Court itself. This is also when your lawyer will discuss the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or someone on the court's staff. Unless the case is being handled under New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. However, if a party is unable to attend in person, they are able to participate via phone or internet with the approval of the convenor. If your case is to be a part of the Differentiated Case Management program, an initial conference can provide an opportunity to determine whether your case falls within one of the three classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this timeframe may be extended by the court). Once the Answer is filed, the case moves into what is known as 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 end of discovery. The document details legal claims and the relief sought - typically 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.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, a court will only accept the Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike out any references to willful or intentional acts in a medical malpractice case.
The court will not allow a new doctrine to be added at a stage in the litigation that is unreasonably late. To avoid negative consequences, an amendment made late to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the delay in the amendment.
Physical Exam
You might be wondering the reason why a doctor, who isn't familiar with you or your medical history, and isn't familiar with the details of your incident, would be required to conduct a medical exam. However, this kind of examination is actually a requirement under Washington law, and could be beneficial to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. Their goal is to offer a different view of your injuries. Although they are sometimes described as "independent," these physicians, just like insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that may be awarded to an injured victim.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are fully informed about what to expect. They will provide copies of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being examined fairly by ensuring that the doctors questions do not deviate from the ones in your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could use this information at trial.