What is a Personal Injury Lawsuit?
If you've been injured through the actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury attorney to learn more about your rights.
A personal injury lawsuit is a civil action in which the plaintiff seeks money to cover their losses, which include medical bills, lost wages, damages to property and other expenses. The process can take several months to several years.
Damages
A personal injury lawsuit is a legal process which is filed to force another person or entity to pay you compensation for damages caused by an accident. The party who suffered the injury is known as the plaintiff, while the responsible parties are called defendants. Personal injury cases can also include the wrongful death of a person who dies due to the negligence or wrongdoing of others.
Damages are typically classified into two categories: punitive and compensatory. Compensation damages can include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are not common, are meant to punish the perpetrator when they have committed a number of extreme crimes.
This category covers all expenses that result from the injury or accident. This could include doctor's fees as well as hospital expenses and physical therapy costs. In certain cases, additional expenses like the cost of traveling to and from appointments, or modifications to your home due to permanent disabilities can be included in a claim.
Non-economic losses are often described as "pain and suffering" damages. These are more difficult to quantify and involve the mental and emotional stress, anxiety and suffering caused by accidents. Based on the severity of your injuries, your lawyer will assist you to estimate the value of these damages. This may be based on your ability to carry out the activities you used to or your loss in consortium with your family.
Statute of limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to prevent evidence from being lost or forgotten, and to stop people from drag out incident-related litigation indefinitely.
The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a limit of between two and four years. There are some exceptions to the time to file a claim. If you need assistance determining if your case falls within one of these exceptions, it is recommended that you seek legal advice.
The statute of limitations is only applicable to lawsuits filed in court. Many cases of injury are resolved through the process of claiming insurance and do not require a formal lawsuit filing. But, it's important to allow yourself enough time to file a lawsuit in the event that negotiations do not go as planned or an issue arises that cannot be resolved through the insurance system.
Certain circumstances may stop the clock on the statute of limitations however, these situations are extremely rare and need to be considered on a case-by-case basis. The statute of limitations may not start until the person is aware or should have known that the injury was caused by someone else's negligence. In certain states, like New York, it 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 claims that the defendant breached their duty of care and the breach caused harm and losses for the plaintiff. The defendant is then accountable for the damages.
The first document you file with a personal injury lawsuit is known as the complaint. It contains specific details about the incident that led to your injuries. It also outlines the damages you're seeking. The complaint also includes a "prayer of relief" which describes what you want the court to do. The complaint must be served on the defendant along with a summons which is a notification that they are being sued.
After the complaint is filed, the defendant is required to respond to the complaint within a specified time period, and they will either admit or deny the allegations made in the complaint. Fayetteville injury lawsuits www.youtube.com can also bring a counterclaim against plaintiff or introduce another defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence including medical records and testimony from witnesses. We work closely together with our clients to collect all relevant information and then include it in the case. The evidence we collect will also assist us in negotiate with the defendants' attorneys or insurance companies to get the best possible settlement offer.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the negligence of the defendant caused your accident. You must also prove that you were injured in your accident and that your injuries are worthy of the amount of financial compensation.
This can be a long process, but the trial is when you'll be able to decide if you'll receive the compensation you deserve. In a jury trial your lawyer will argue that the defendant is accountable and is required to compensate you for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses.
Before proceeding to trial, you must attend a preliminaries conference. This is the first time that your case will be subject to deadlines imposed by a judge. This is also when your attorney will be discussing the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. All parties must attend the initial conference in person unless the case is handled under New York's Differentiated Case Management Rule or the Rules are exempted in other ways. However, if a party is unable to attend in person, they can take part via phone or online with the approval of the convenor. If your case is part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls into one of three categories - complicated or expedited standard.
Bill of Particulars
After a complaint and summons are filed, the defendants named in the lawsuit have twenty or thirty days to submit an Answer (although this deadline can be extended with the court's permission). After the Answer has been filed, the case is moved into what is called the discovery phase. In this phase the parties exchange information via written discovery demands and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is known as a Bill of Particulars. The document details the legal claims being made and the relief sought - usually an award of money damages. The Bill of Particulars is intended to inform the defendant notice of the specific legal claims being made so that he or she can prepare effectively for trial.
Before a Bill of Particulars can be accepted, it must be reviewed by the court. In general, courts will only accept a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of negligence that are being claimed, and not add any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed a motion to strike any references to willful or intentional acts in a medical malpractice case.
The court will also not allow a new doctrine to be added at a point in the action that is unreasonably late. To avoid causing prejudice, an amendment made late to a Bill of Particulars must be supported by an affidavit which gives a reasonable explanation for the delay of this amendment.
Physical Examination
If a defense attorney, or an insurance company requests that you attend an Independent Medical Examination (IME), your natural first instinct might be to ask why a doctor who does not know you, your medical history, and the specifics of your incident is required to conduct an examination. However, this kind of exam is actually required under Washington law, and it can be helpful in your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to offer a different view of your injuries. Although they are sometimes described as "independent," these physicians, just like insurance companies - have their own agenda and financial motives in decreasing the amount of compensation that could be awarded to an injured victim.
If you choose to undergo an IME, your Orange County personal injury lawyer will make sure that you are aware of what to expect. They will provide a copy of all relevant medical records to the doctor to review. Your lawyer will also be present at the IME and will ensure that you are being treated fairly by ensuring that the questions of the doctor do not diverge from the ones you have in your medical records. You should not downplay or exaggerate the severity of your injury to the doctors. They are trained to detect fraud, and may utilize this information in court.