What is a Personal Injury Lawsuit?
If you’ve been injured through the actions or inactions, you could be entitled to compensation. To find out more about your rights under the law get in touch with a seasoned personal Best injury Lawyer near Me lawyer.
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 take anywhere from several months to several years.
Damages
A personal injury lawsuit is a legal action that is used to force another individual or entity to compensate you compensation for damages caused by an accident. The injured party is known as the plaintiff and the parties accountable are known as defendants. If someone dies as the result of the negligence or wrongdoing by others the wrongful death case can be included in personal injury claims.
Damages are usually divided into two categories: punitive and compensatory. Compensatory damages are intended to ensure that the victim is completely for good, including out-of-pocket costs such as medical expenses as well as compensation for pain and suffering. Punitive damages are rare and are intended to penalize the offender for extreme behavior.
The first category of damages is often known as “economic damages.” This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident and injuries. This could include hospital bills medical expenses, doctor’s charges and physical therapy costs. In some instances, additional expenses like the cost of travel to and from appointments or modifications made to your home for permanent disabilities may be included in an insurance claim.
Non-economic losses are often referred to as “pain and suffering” damages. These damages are more difficult to quantify and include the emotional distress and mental anguish that accidents can cause. Your lawyer will help you determine the value of these damages based on the severity of your injury. This might be based on your ability to enjoy activities you previously enjoyed or your loss of connection with family members.
Statute of Limitations
Under a legal rule called the statute of limitations, anyone who suffers an injury in an accident must bring a lawsuit within a specific time period or their claim will be rejected by the courts. This is done to prevent evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out for a long time.
The exact length of time for filing a claim differs from state to state, but personal injury claims typically have a two- to four-year limitation. However there are exceptions that may extend the time a victim has to file their claim and they should seek legal advice for assistance in to determine if their case falls into one of the exceptions.
The statute of limitations applies only to lawsuits that are filed in the court. Many cases of injury are resolved through the insurance claim process and do not require a formal lawsuit filing. However, it is important to leave yourself enough time to pursue legal action just in case insurance negotiations fail to follow the plan or there is a problem that cannot be addressed by the insurance system.
Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be evaluated on a case-by case basis. The statute of limitation may not be established until the victim is aware or should have known that the injury was caused by another’s negligence. In some states, like New York, it is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury attorney. It claims that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.
The first document filed with a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you are seeking. The complaint also includes a “prayer of relief” that 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 has to respond to the complaint within a specific time frame, and may either deny or admit the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit depends on solid evidence such as medical records and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect will also help us to negotiate with the defendants’ attorneys or insurance agents to negotiate the most favorable 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 you were injured in the accident and that the injuries are worthy of an amount of money.
It’s a long process, but it’s at the trial that you’ll finally know if you will get the compensation you deserve. In a jury trial, your lawyer will argue that the defendant is liable and must pay you for the losses you suffered. The defendant will provide evidence to prove that their actions are not connected to the accident. This will prevent them from settling your losses.
Before proceeding to trial you must attend a preliminary conference. This is typically the first time your case will be subject to deadlines set by the Court itself. It is also the time that your lawyer will discuss the case with the defense.
A judicial registrar, also known as a member of the court staff usually conducts preliminary conferences. All participants must attend the preliminary conference in person unless the case is handled by the New York’s Differentiated Case Management Rule or the Rules are exempted in other ways. If, however, a person 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 scheduled to be 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 classifications which are expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, the defendants named in the lawsuit will be given between twenty and thirty days (although this time frame is able to be extended by the court). Once the Answer has been filed, the case is moved into what is called the discovery phase. During this stage the parties exchange information through written demands for discovery and depositions.
The lawyer for the plaintiff prepares the Bill of Particulars at the conclusion of the discovery. The document details legal claims and the relief sought – typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they is able to effectively prepare for trial.
Before a Bill of Particulars can be followed, it must be reviewed by the court. In general, the court will only accept the Bill of Particulars if it is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being alleged and must not include new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to intentional and Lawyer Near Me Injury willful actions from a medical malpractice claim.
In the same way, the court will not permit the addition of a new theory of recovery at a disproportionately late stage in the litigation. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the lateness of this amendment.
Physical Exam
You might be wondering why a doctor who isn’t familiar with you or your medical history and isn’t familiar with the specifics of your accident, should be asked to conduct a medical examination. This type of examination is required under Washington law, could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the insurer of the defendant. They are there to offer a different view of your injuries. Although they are often called “independent,” these physicians – just like the insurance companies have their own agendas and financial interest in reducing the amount of compensation that may be granted to a victim who has been injured.
If you decide to go through an IME If you decide to undergo 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 examine. Your lawyer will also be present at the IME and will make sure that you are being treated with respect and courtesy by ensuring that doctors questions do not deviate from the ones you have in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to detect fraud, and may make use of this information in a trial.