What is a Personal Injury Lawsuit?
You may be eligible for compensation if you were injured as a result of the actions or inactions of a third party. Contact a seasoned personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil matter where the plaintiff is seeking money to cover their losses, which include medical expenses, lost wages, damages to property and other expenses. The process can run from several months to several years.
Damages
A personal injury lawsuit is a process to compel a person or entity to pay you compensation for the damage caused by an accident. The person who is injured is referred to as the plaintiff, while the responsible parties are called defendants. Personal injury claim lawyer [my response] cases can include the wrongful death of a person who dies due to the negligence or wrongful actions of others.
Damages are usually divided into two categories: compensatory and lawyer for injurys near me punitive. Compensation damages can include medical bills, pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare, are meant to punish the perpetrator when they have committed a number of extreme crimes.
The first category of damages is often called “economic damages.” This includes the cost of out-of-pocket expenses incurred due to the accident and injuries. These might include doctor’s bills, hospital costs and physical therapy expenses. In some instances, additional expenses like the cost of traveling to and from appointments, or modifications made to your home for permanent disabilities may also be included in the claim.
Non-economic losses are often described as “pain and suffering” damages. These damages are harder to quantify and include the emotional stress and mental stress caused by accidents. Your lawyer can help you evaluate these damages based upon the extent of your injury. This could be based on the ability to do things you were previously able to do or your loss in consortium with your family.
Statute of Limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must bring a lawsuit within a specific time period or their claim will be rejected by the courts. This is to stop evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out indefinitely.
The exact time frame is different from state to state but personal injury claims typically have a two- to four-year limit. There are some exceptions to the time to file claims. If you need assistance determining if your case is one of these exceptions, then it is best to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in the court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is nevertheless important to give yourself enough time to start a lawsuit in the event that negotiations with insurance aren’t as smooth as you had hoped, or if there is a problem that cannot be resolved with insurance.
Certain circumstances can stop 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 might not begin to run until a victim has discovered or ought to have realized that their injuries were caused by a negligence, and in some states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury attorney near me lawsuit is brought by the victim against the person who caused the injury. It claims that the defendant violated the duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.
The first document filed with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also lists the damages you’re seeking. The complaint also includes the “prayer of relief” that outlines what you would like the court to do. The summons and complaint should be given to the defendant.
After the complaint is filed, the defendant must submit an answer to the complaint within a certain timeframe, and will either admit or deny 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 records and testimony from witnesses. 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 attorney for the defendant or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries as a result of your accident, and that your injuries are a valid reason for financial compensation.
It can be a lengthy process, but the trial is where you can finally determine whether you’ll be awarded the damages you’re entitled to. In the case of a trial before jurors the lawyer will argue for the defendant’s responsibility and they will argue that they have to compensate you for your losses. The defendant will present evidence to show that their actions were not related to the accident. This will stop them from paying you for your losses.
You must attend a pre-trial conference prior to proceeding with the trial. This is the first time that your case is subject to deadlines set by a court. This is also when your attorney will be discussing the case with the defense.
Preliminary conferences are usually conducted by a judicial registrar or an individual from the court’s staff. Unless the case is being handled by the New York’s Differentiated Case Management Rule, or otherwise exempted from the Rules, all parties are required to attend in person. If a person is unable to attend in person, the convenor can allow them to participate by phone or online. If your case is going to be part of the Differentiated Case Management program, an initial conference can be an opportunity to identify whether your case falls under one of the three categories 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 may be extended by the court). Once the Answer is filed, the matter moves into what is called the discovery phase. In this period, both sides exchange information in the form of written demands for discovery and depositions.
Following the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document is a legal declaration of claims 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, to help them prepare for trial.
The court must examine the Bill of Particulars before it is allowed to be enforced. In general, a 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 not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example, was a case where the court concluded that the plaintiff was not negligent. In 1994, the court upheld a motion to strike the reference to willful or deliberate actions in a medical malpractice case.
The court will also not allow a new doctrine to be added at a stage in the litigation that is unreasonable late. To avoid causing prejudice any late amendment to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment.
Physical Exam
You might be wondering why a doctor, who isn’t familiar with you or your medical history and is unfamiliar with the details of your accident, would be asked to conduct a medical examination. This type of examination is required under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and their aim is to offer a different perspective on your injuries. These doctors, sometimes referred to as “independent” are able to have their own agendas and financial stakes in reducing the compensation that is awarded to injured victims.
If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are aware of what to expect and will provide the complete set of medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions asked by the doctor are consistent with your medical records. It is essential to not play with the severity of your injuries to the doctors, since they are trained to spot dishonesty and may make use of this information against you at trial.