What is a Personal Injury Lawsuit?
If you have been injured by another person's actions or inactions, you may be entitled to compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer.
A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their losses. This can include medical bills or lost wages, as well as property damage. The process can take anywhere from several months to several years.
Damages
A personal injury lawsuit is a process to force another person or entity to pay money for damages related to an accident. The plaintiff is the injured party and the defendants are the ones accountable. If someone dies as a result of the negligence or wrongdoing by others the wrongful death case may be part of personal injury lawsuits.
The damages a victim suffers are usually divided into two categories that are punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical bills as well as compensation for pain and suffering. Punitive damages are not common and designed to punish the offender for extreme behavior.
This category includes all expenses that result from the injury or accident. These might include doctor's bills, hospital costs and physical therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments or changes to your home for permanent disabilities could be included in a claim.
Non-economic damages can also be referred to by the term "pain and suffer" damages. These damages are more difficult to quantify, and they include the emotional distress and mental stress that accidents can cause. Your lawyer will assist you to value these damages based on the severity of your injury. This could be based on the ability to continue enjoying the activities you were previously able to enjoy or the loss of your relationship with family members.
Statute of limitations
A legal rule known as the statute of limitations stipulates that anyone injured in an accident should file a lawsuit before a certain date or else their claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from drag out litigation relating to incidents for an indefinite period.
The exact duration of the time limit varies from one state to another, but most personal injury lawsuits have a limit of two to four years. There are certain exceptions to the limit for filing claims. If you require assistance determining if your case is one of these exceptions, it is recommended to seek legal advice.
The statute of limitations is only applicable to lawsuits filed in the court. Many injury cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. But, it's crucial to give yourself enough time to file a lawsuit just in case insurance negotiations do not follow the plan or an issue arises that can't be resolved through the insurance system.
Certain circumstances can stop the statute of limitations clock, but these instances are extremely rare and need to be analyzed on a case-by-case basis. The statute of limitations might not be established until the victim is aware or should have known that the injury resulted from someone else's negligence. In certain states, like New York, it is different for claims made against municipalities.
Complaint
A personal injury lawsuit is a civil suit initiated by a victim against the person or entity who caused the injury. It claims that the defendant breached the duty of care, and that the breach caused harm and loss to the plaintiff and that the defendant is accountable for the losses.
The first document you file 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 lists the damages you seek. The complaint also contains an "prayer of relief" which 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 the allegations contained in the complaint. The defendant may also bring a counterclaim against plaintiff or bring in another defendant 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 with our clients to ensure that all relevant information is collected and included in the case. The evidence can also help us negotiate with the defendant's attorneys or insurance agents to obtain the best settlement possible.
Preliminary Conference
In a personal injury case your lawyer must demonstrate that the defendant's negligence caused your accident. You must also prove you were injured in the accident and that the injuries are worth an amount of money.
It's a long process, but it's at the trial that you will finally know if you will get the compensation you are entitled to. In the trial before jurors the lawyer will argue that the defendant is at responsibility and the need to compensate you for your losses. The defendant will provide evidence that their actions do not contribute to the accident, which prevents them from having to pay you for your losses.
Before you can proceed to trial you must attend a preliminary conference. This is the first time that your case is subject to deadlines set by a court. This is also when your attorney will discuss the matter with the defense.
Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. All participants must attend the preliminary conference in person unless the case is handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a person is unable to attend in person, the convenor is able to allow them to participate by telephone or online. If your case is going to be part of the Differentiated Case Management program, a preliminary conference will also be an opportunity to identify whether your case falls within one of the three categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons have been filed, defendants named in the lawsuit will have twenty to thirty days (although this time frame is able to be extended by the court). When the Answer is filed, the case enters what is called the discovery phase. In this period both sides exchange information in the form of written demands for discovery and depositions.
At the conclusion of discovery the attorney representing the plaintiff drafts what is called a Bill of Particulars. The document details the legal claims that are being made and the relief sought, usually an award of money damages. Read Webpage of Particulars is meant to inform the defendant of the specific legal claims being made, so that they can prepare for trial.
The court must examine a Bill of Particulars before it is allowed to be enforced. Generally, the court will only accept a Bill of Particulars that is not vague or broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed and not include any new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of a motion to strike all references to willful and intentional actions from a medical malpractice claim.
The court will also not permit a new theory to be added at a stage in the litigation that is unreasonable late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be permitted if supported by an affidavit that provides an acceptable explanation for the delay in the amendment.
Physical Exam
You may question the reason why a doctor, who doesn't know you, or your medical history and is unfamiliar with the details of your accident, should be required to conduct a medical examination. This type of examination is required under Washington law, can be beneficial to your case.
IMEs are typically conducted by doctors employed by the insurer of the defendant. Their aim is to offer a different perspective on your injuries. Although they are often described as "independent," these physicians - just like the insurance companies have their own agendas and financial stake in cutting down on the amount of compensation that could be granted to a victim who has been injured.
Your Orange County personal injury attorney will make sure you know what to expect from an IME and will give an IME doctor with a copy of all pertinent medical records. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could use this information at trial.