What is a Personal Injury Lawsuit?
If you've been hurt through the actions or inactions, you may be eligible for compensation. To find out more about your legal rights, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their loss. This includes medical expenses as well as lost wages and property damage. The process can take anywhere between a few months and several years.
Damages
A personal injury lawsuit is an action to compel another person or entity to pay you money for damages related to an accident. The plaintiff is the victim and the defendants are responsible. Personal injury cases may include cases of wrongful death when someone dies due to inattention or negligence of others.
The damages of a victim are typically divided into two categories: compensatory and punitive. Compensation damages are designed to make the victim whole and regain their financial security, which includes out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are not common, are meant to punish the wrongdoer for committing extreme acts.
This category includes all expenses that result from the injury or accident. These could include doctor's bills, hospital costs and physical therapy expenses. In some cases other expenses such as the cost of travelling to and from appointments or modifications made to your home for permanent disabilities could be included in an insurance claim.
Non-economic losses are often referred to as "pain and suffering" damages. They are more difficult to quantify and involve the mental and emotional stress, suffering and anguish that accidents can cause. Based on the severity of your injuries your lawyer can help you estimate the value of these damages. This may be based on your ability to carry out the things you were previously able to do or your loss of a relationship with family.
Statute of limitations
In a legal rule known as the statute of limitations, anyone who is injured in an accident must file a lawsuit within a specific time period or else their claim will be dismissed by the courts. This is to protect evidence from being lost or forgotten, and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact duration of the time limit is different from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. However there are exceptions that could extend the amount of time that a victim must file their claim and they should seek legal advice for assistance in to determine if their case falls within one of the exceptions.
The statute of limitations is only applicable to lawsuits that are filed in court. Insurance claims are often used to resolve injury cases and do not require formal lawsuits. But, it's important to leave yourself plenty of time to take legal action in the event that negotiations don't follow the plan or there is a problem that cannot be easily addressed through the insurance system.
A few circumstances can pause the clock of the statute of limitations however, these situations are very rare and have to be evaluated on a case-by-case basis. The statute of limitation may not start until the person discovers or should have known that the injury was caused by another's negligence. In certain states, such as New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is filed by a victim against the person who caused the injury. It claims that the defendant breached their duty of care and that this breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.
The first document filed in a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that led to your injuries. It also outlines the damages you seek. The complaint also contains a "prayer for relief" that outlines what you want the court to do. The summons and complaint must be delivered to the defendant.
The defendant must respond to the complaint within specific time limits and either admit or deny all the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes 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 have can also assist us to negotiate with the defendants' attorneys or insurance companies 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 led to your accident. You must also prove that you were injured in the accident and that these injuries are worth financial compensation.
It's not an easy process, but it's at the trial that you will finally know if you will be awarded the compensation you are entitled to. In the trial before a jury your lawyer will argue that the defendant is at liability and that they must be held accountable 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 discussion prior to proceeding with the trial. This is the first time your case is subject to deadlines set by a court. This is also the time when your attorney will be discussing the issue with the defense.
A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. Unless the case is handled by New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If, however, a person cannot attend in person, they may participate via phone or internet with the permission of the convenor. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls under one of three categories: advanced standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendants identified in the lawsuit are given either twenty or thirty days in which to file an Answer (although this deadline may be extended if the court gives permission). After the Answer has been filed, the case moves into the discovery phase. In this stage both parties exchange information via written discovery demands and depositions.
At the conclusion of discovery The attorney for the plaintiff prepares what is called a Bill of Particulars. This document provides the legal claims that are being made and the relief sought, usually the award of damages in cash. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made, so that he or she is able to effectively prepare for trial.
The court must review a Bill of Particulars before it is allowed to be enforced. In general, a court will only be able to abide by the Bill of Particulars if it is not vague or overbroad. Compton injury attorneys of Particulars should be limited to the specific acts of negligence being asserted and should not include new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) the court granted the motion to strike references to willful and intentional acts from a medical negligence claim.
The court will also not allow a new doctrine to be introduced at a stage in the litigation that is unreasonablely late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides a reasonable excuse for the delay in the amendment.
Physical Exam
If a defense attorney or insurance company asks you to attend an Independent Medical Examination (IME) Your first reaction may be to question why a doctor who does not know you or your medical history and the specifics of your injury is asked to conduct an exam. This type of exam, which is required by Washington law, could be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company representing the defendant and their aim is to offer an alternative view of your injuries. Although they are sometimes called "independent," these physicians - just like the insurance companies - have their own agenda and financial motives in cutting down on the amount of compensation that may be granted to a victim who has been injured.
If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are fully informed about what to expect and provide a copy of all relevant medical records for the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being examined with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones you have in your medical records. It is crucial to avoid playing around with the extent of your injuries with these doctors, as they are trained to recognize dishonesty and may utilize this information against you at trial.