What is a Personal Injury Lawsuit?
You could be entitled to compensation if you have been injured due to the actions or inactions of a third party. Contact a seasoned personal injury lawyer to learn more about your rights.
A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to compensate for their losses, which include medical expenses, lost wages, damages to property and other expenses. The process can last from several months to several years.
Damages
A personal injury lawsuit is an action to compel a person or entity to pay you compensation for the damages resulting from an accident. The person who is injured is referred to as the plaintiff while the responsible parties are called defendants. Personal injury cases can include cases of wrongful death when someone dies because of the negligence or wrongdoing of others.
The damages of a victim are typically broken down into two groups that are punitive and compensatory. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages, which are very rare and are designed to punish the offender when they have committed a number of extreme acts.
The first category of damages is typically referred to as "economic damages." This includes any out-of-pocket costs resulting from the accident and injuries. These could include hospital bills, doctor's fees and physical therapy costs. In some instances, additional expenses like the cost of traveling to and from appointments, or changes to your home for permanent disabilities could be included in the claim.
Non-economic damage can also be called "pain and suffer" damages. These are more difficult to quantify and involve the emotional distress, mental anguish and suffering caused by accidents. Your lawyer will help you evaluate these damages based upon the extent of your injury. This could be based on the ability to do activities you used to or your loss of a relationship with your family.
Statute of Limitations
A legal principle known as the statute of limitation requires that anyone who is injured in an accident should file an action before a specific date or else the claim will be dismissed. This is to safeguard evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.
The exact time limit is different from one state to another, but most personal injury claims have a time frame of between two and four years. There are certain exceptions to the limit for filing claims. If you need help determining if your case falls under one of these exceptions, then it is best to seek legal advice.
One of the most important aspects of the statute of limitations is that it is only applicable to the filing of an action in court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. Even so, it is crucial to give yourself plenty of time to file a lawsuit in the event that insurance negotiations fail to take place as planned or if an issue arises that can't be addressed by the insurance system.
Some circumstances can pause the clock on the statute of limitations, but they are extremely rare and have to be considered on a case-by-case basis. For instance the statute of limitations might not start to run until the victim discovers or should have reasonably discovered that their injury was caused by a negligent actions. In certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is a civil action initiated by a victim against the person or entity who caused the injury. The plaintiff 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 complaint is the primary document filed in a personal injury lawsuit. It contains detailed allegations about the incident that led to your injuries and the damages you want. The complaint also contains a "prayer for relief" that describes what you want the court to do. The summons and complaint must be handed over to the defendant.
The defendant must respond to the complaint within specific time frames and either accept or deny all allegations contained in the complaint. The defendant can also file a counterclaim, or add a third party defendant to the case as third party defendant.
A successful personal injury lawsuit is based on solid evidence, which includes medical records and witness testimony. 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 defendant's attorneys or insurance representatives to get the best settlement offer possible.
Preliminary Conference
In a personal injury lawsuit, your attorney must prove that the defendant's negligence caused your accident. You must also prove you were injured in your accident and that these injuries are worth financial compensation.
This could be a long process however, the trial is when you will be able to determine if you'll be awarded the damages you deserve. In the trial before jurors your lawyer will argue that the defendant is at responsibility and they will argue that they have to be held accountable for your losses. accident injury lawyers will argue that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses.
You must attend a pre-trial conference before proceeding with the trial. This is often the first time your case will have deadlines that are set by the Court itself. This is also the time when your attorney will be discussing the case with the defense.
A judicial registrar, also known as a member of the court staff usually conducts preliminary conferences. Unless the case is handled in accordance with the New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to be present in person. If a party is unable to attend in person, the convenor may allow them to participate by telephone or online. If your case is part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine if your case falls within one of three categories - expedited standard or complex.
Bill of Particulars
After a complaint and summons are filed, the defendant parties identified in the lawsuit are given either twenty or thirty days in which to respond (although this deadline can be extended if the court gives approval). Once the Answer is filed, the case moves into what is called the discovery phase. In this period, both sides exchange information in the form of written demand for discovery and depositions.
The lawyer for the plaintiff prepares a Bill of Particulars at the end of the discovery. The document is a legal declaration of claims and the relief sought - typically 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 they can effectively prepare for trial.
The court must examine a Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only abide by a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific negligence that is being asserted and should not include new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994) The court ruled in favor of the motion to strike all references to intentional and willful actions from a medical malpractice claim.
The court will not allow a new theory to be added at an stage in the litigation that is unreasonably late. To avoid adverse consequences, a late amendment to a Bill of Particulars should only be allowed when supported by an affidavit stating an acceptable explanation for the delay in the amendment.
Physical Examination
You may question the reason why a doctor, who doesn't know you or your medical history and is unfamiliar with the specifics of your incident, would be required to conduct a medical examination. This type of examination is required under Washington law, can be beneficial to your case.
Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their goal is to offer a different perspective to your injuries. Although they are sometimes referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in reducing the amount of compensation that may be awarded to an injured victim.
Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of the relevant medical records. Your lawyer will also be present at the IME and can ensure that you are being treated in a fair manner by ensuring that the doctors questions do not deviate from those in your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot dishonesty, and could utilize this information in court.