What is a Personal Injury Lawsuit?
You could be entitled to compensation if you were injured as a result of the actions or inactions of a third party. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can take anywhere from a few months to several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay you compensation for the damages resulting from an accident. The plaintiff is the victim and the defendants are the ones accountable. If someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case may be part of personal injury claims.
Damages are typically classified into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole for good, including out-of-pocket costs like medical bills as well as compensation for pain and suffering. Punitive damages are rare and designed to punish the wrongdoer for extreme conduct.
This category covers all costs caused by the injury or accident. These might include doctor's bills as well as hospital expenses and physical therapy expenses. In some instances additional expenses, such as the cost of travel to and from appointments, or changes to your home for permanent disabilities could be included in a claim.
Non-economic damages are also called "pain and suffer" damages. They are more difficult to quantify and are a result of the emotional distress, mental suffering and anguish caused by accidents. Your lawyer can help you value these damages based on the severity of your injuries. This could be based on the ability to carry out the things you were previously able to do or your loss of a relationship with family.
Statute of Limitations
A legal requirement known as the statute of limitations requires that anyone who is injured in an accident must file a lawsuit before a certain date or their claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop people from dragging incident-related litigation out indefinitely.
The exact time frame differs from state to state, however personal injury claims generally have a two- to four-year limit. There are certain exceptions to the limit for filing claims. If you require assistance to determine if your claim is one of these exceptions, then it is recommended that you seek legal advice.
One of the main facets of the statute of limitations is that it only applies to the filing of a lawsuit in court. Many cases of injury are resolved through the insurance claim process and do not require formal lawsuit filing. It is nevertheless important to give yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if there is a problem which cannot be resolved through insurance.
Certain circumstances may stop the clock on the statute of limitations, however they are extremely rare and have to be evaluated on a case-by case basis. For Torrance injury lawyer YouTube , the statute of limitations may not begin to run until the victim discovers or ought to have realized that their injuries were caused by someone else's 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 a civil case initiated by a victim against the person or entity that caused the injury. It claims that the defendant violated their duty of care, and that the breach caused loss and harm to the plaintiff. The defendant is then held responsible for these damages.
The complaint is the initial document that you file in a personal injury case. It provides detailed details regarding the incident that caused your injuries, and the damages you seek. The complaint also contains the "prayer for relief" that outlines what you want the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within certain time frames and either accept or deny all the allegations made in the complaint. The defendant can also file a counterclaim, or add another defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence, including medical documents and testimony from witnesses. We work closely together with our clients to collect all relevant information and include it in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance agents to obtain 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 led to your accident. You must also prove that you were injured in your accident and that the injuries are worth financial compensation.
It's a long process, but it's at the trial that you'll find out if you get the compensation you deserve. In a trial before a jury, your lawyer will argue for the defendant's liability and that they must compensate you for your losses. The defendant will present evidence to prove that their actions were unrelated to the accident. This will stop them from settling your losses.
Before you can proceed to trial you must attend a preliminary conference. This is typically the first time your case will be subject to deadlines that are set by the Court itself. It is also the time when your lawyer will discuss the case with the defense.
Preliminary conferences are typically conducted by a judicial register or someone on the court's staff. Unless the case is handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules, all parties are required to attend in person. However, if a party cannot attend in person, they can take part via phone or online with the permission of the convenor. If your case is scheduled to be a part of the Differentiated Case Management program, the preliminary conference will be an opportunity to identify whether your case falls into one of the three categories which are expedited, standard or complex.
Bill of Particulars
After a summons or complaint are filed, the defendants identified in the lawsuit are given the option of having twenty or thirty days to respond (although this deadline may be extended with the court's approval). Once the Answer is filed, the case enters what is known as the discovery phase. During this phase, both parties exchange information via written discovery demands and depositions.
After the discovery process is concluded the attorney representing the plaintiff drafts what is known as a Bill of Particulars. This document provides the legal claims that are being made 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 made, so that they can prepare for trial.
The court must examine a Bill of Particulars before it is allowed to be enforced. In general, the court will only be able to abide by the 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 claimed and not include any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all any references to willful or intentional actions in a medical malpractice case.
The court will not permit the introduction of a new theory of recovery at a disproportionately late point in the action. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be allowed if accompanied by an affidavit offering an acceptable explanation for the delay in the amendment.
Physical Examination
If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction may be to question the reason why a doctor who does not know you and your medical history and the particulars of your incident is requested to conduct an exam. This type of exam, which is required by Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and aim to offer an alternative perspective on your injuries. These physicians, who are sometimes referred to as "independent" are able to have their own goals and financial interests in reducing the amount of compensation which can be awarded to injured victims.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are in accordance with your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraudulent behavior, and can utilize this information in court.