What is a Personal Injury Lawsuit?

If you've been hurt due to another's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses, which include medical bills, lost wages, property damage, and other costs. 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 damage caused by an accident. The plaintiff is the injured party, and the defendants are responsible. Personal injury lawyers cases may include the wrongful death of a person who dies because of the negligence or wrongdoing of others.

The damages of a victim are typically broken down into two groups: compensatory and punitive. Compensation damages can include medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are not common and are intended to punish the wrongdoer when they have committed a number of extreme acts.

The first category of damages is usually referred to as "economic damages." This is the term used to describe all out-of-pocket expenses associated with the accident or injury. These might include doctor's bills or hospital costs, as well as physical therapy costs. Some claims could also cover additional expenses, such as the cost of travel to and from appointments or the need to modify your home to accommodate a disability that is permanent.

Non-economic losses are often described as "pain and suffering" damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish that accidents can cause. Your lawyer will assist you to determine the value of these damages based on the severity of your injury. This could be based on the ability to carry out the things you did before or your loss in consortium with your family.

Statute of limitations

In a legal rule known as the statute of limitations, any person who suffers injury as a result of an accident must make a claim within a specific time period or else their claim will be rejected by the courts. This is to safeguard evidence from being lost or lost in the shuffle and to stop people from drag out incident-related litigation indefinitely.

The exact duration of time differs from state to state however, personal injury claims typically have a two-to four-year limit. There are some exceptions to the time to file claims. If you need help in determining whether your case falls within one of these exceptions, then it is best to seek legal advice.

The statute of limitations is only applicable to lawsuits filed in court. Insurance claims are typically used to settle injury claim lawyer cases and do not require formal lawsuits. It is essential to allow yourself sufficient time to bring a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs which cannot be resolved through insurance.

Some circumstances can pause the clock on the statute of limitations, but they are not common and have to be evaluated on a case-by-case basis. For instance the statute of limitations may not begin to run until a victim has discovered or reasonably should have discovered that their injuries were caused by a negligent actions. In certain 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 who caused the injury. It alleges that the defendant breached the duty of care, that the breach caused harm and losses to the plaintiff and that the defendant should be held accountable for the losses.

The first document filed in a personal injury lawsuit is called the complaint. It contains detailed allegations about the incident that led to your injuries. It also lists the damages you're seeking. The complaint also includes an "prayer of relief" which outlines what you want the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.

After the complaint is filed, the defendant is required to respond to the complaint within a certain time period, and they must either accept or deny the allegations in the complaint. The defendant can also bring a counterclaim against plaintiff or bring in a different defendant as third-party defendant.

A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. 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 defendant's attorneys or insurance companies to negotiate the best settlement offer possible.

Preliminary Conference

In a personal-injury lawsuit 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 the injuries are worthy of the amount of financial compensation.

This can be a long process however, the trial is when you can finally determine whether you'll get the damages you deserve. In the case of a trial before jurors the lawyer will argue that the defendant is at responsibility and the need to pay for your losses. The defendant will provide evidence that their actions are unrelated to the accident, which will prevent them from having to reimburse you for your losses.

You must attend a pre-trial meeting before proceeding with the trial. This is typically the first time your case will be subject to deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the issue with the defense.

Preliminary conferences are typically conducted by a judicial registrar, or someone on the court's staff. 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 exempted in other ways. If a party is unable to attend in person, they can participate via telephone or on the internet, with the consent of the convenor. If your case is to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three classifications - expedited, standard or complex.

Bill of Particulars

When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended with the court's consent). After the Answer is filed, the case moves into what is known as the discovery phase. In this phase the parties exchange information in the form of written demands for discovery and depositions.

The lawyer of the plaintiff drafts a Bill of Particulars at the end of discovery. This document outlines the legal claims being made and the relief sought - usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made so that he or she can effectively prepare for trial.

The court must examine the Bill of Particulars before it is able to be followed. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or broad. 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 instance, was a case where the court concluded that the plaintiff was not negligent. In 1994, the court affirmed a motion to strike any references to willful or intentional actions in a medical malpractice case.

The court will also not permit a new theory to be introduced at an stage in the litigation that is unreasonably late. In order to avoid resultant adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit that provides a reasonable excuse for the delay in the amendment.

Physical Exam

If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) the first reaction might be to ask why a doctor who does not know you, your medical history, and the details of your injury is requested to conduct an exam. This type of exam is required under Washington law, could be beneficial to your case.

IMEs are typically conducted by doctors employed by the defendant’s insurance company. They are there to provide an alternative view of your injuries. Although they are often called "independent," these physicians as well as insurance companies have their own agendas and financial interest in reducing the amount of compensation that may be awarded to an injured victim.

Your Orange County personal injury attorneys attorney will make sure you know what you can expect from an IME and will give a copy to the doctor of all 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 injuries to the doctors. They are trained to spot fraudulent behavior, and can use this information at trial.