What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be eligible for compensation. Contact a seasoned personal injury lawyer to find out more about your rights.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can run from several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to compel another person, or entity to pay you for the damages that result from an accident. The person who is injured is referred to as the plaintiff while the responsible parties are called defendants. Personal injury cases may include cases of wrongful death when someone dies due to the inattention or negligence of others.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages include medical bills as well as pain and suffering compensation and other out-of pocket expenses. Punitive damages, which are rare and are intended to punish the wrongdoer when they have committed a number of extreme actions.
The first type of damages is typically referred to as "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. This could include doctor's fees as well as hospital expenses and physical therapy costs. In some instances other expenses such as the cost of travelling to and from appointments or changes to your home due to permanent disabilities may be included in an insurance claim.
Non-economic damages are also described as "pain and suffer" damages. These damages are harder to quantify, and they comprise the emotional distress and mental anguish that an accident can cause. Your lawyer can help you determine the value of these damages based on the extent of your injury. This could be based on the ability to carry out 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 stipulates that anyone injured in an accident must file an action within a specified date or else their claim will be dismissed. This is done to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out for an indefinite period.
The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the time to file a claim. If you need assistance determining if your case is one of these exceptions, it is recommended to seek legal advice.
The statute of limitations applies only to lawsuits filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is important to give yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises which cannot be resolved through insurance.
A few circumstances can pause the clock on the statute of limitations, but these instances are very rare and have to be considered on an individual basis. The statute of limitations might not begin until the victim discovers or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil case filed by an injured party against the person or entity that caused the injury. The plaintiff claims that the defendant violated their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is accountable for the damages.
The complaint is the first document filed in a personal injury case. It provides detailed details about the incident that caused your injuries, as well as the damages you seek. The complaint also includes a "prayer of relief" which describes what you would like the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within a set of deadlines and either admit or deny all the allegations in the complaint. The defendant can also file a counterclaim or add another defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we gather will also assist us in negotiate with the defense lawyers or insurance agents to get the best possible 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 suffered injuries from your accident, and that your injuries are a valid reason for financial compensation.
It's a long process, but it's at the trial that you'll find out if you receive the damages you deserve. 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 are not connected to the accident. This will stop them from settling your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is the first time your case has deadlines set by a court. This is also the time when your attorney will be discussing the matter with the defense.
Preliminary conferences are typically conducted by a judicial register or an individual from the court's staff. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to be present in person. If, however, a person cannot attend in person, they are able to participate via telephone or on the internet, with the consent of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into one of three categories: complicated or expedited standard.
Bill of Particulars
After a complaint and summons are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this deadline can be extended if the court gives permission). Once Albany injury attorneys has been filed, the case moves into the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions.
Following the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. 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 meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
The court must examine the Bill of Particulars before it can be complied with. Generally, the court will only comply with a Bill of Particulars that is not overbroad or vague. 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 example was a case where the court found that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike references to intentional or willful actions in a medical malpractice case.
The court will also not allow a new theory to be added at an stage in the litigation that is unreasonable late. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit stating a reasonable excuse for the lateness of the amendment.
Physical Exam
When a defense attorney or insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask the reason why a doctor who does not know you or your medical history and the particulars of your injury is required to conduct an examination. However, this type of examination is actually a requirement under Washington law, and can be helpful to your case.
IMEs are usually conducted by doctors hired by the defendant’s insurance company. They are there to offer a different view of your injuries. These doctors, sometimes referred to as "independent" are able to have their own agendas and financial interests in reducing the amount of compensation which is awarded to injured victims.
If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are well-informed about what to expect. They will provide the complete set of medical records to the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is crucial to avoid playing up or down the extent of your injuries with these doctors, as they are trained to spot dishonesty and may utilize this information against you at trial.