What is a Personal Injury Lawsuit?
If you have been injured through the actions or inactions, you may be entitled to compensation. Contact an experienced personal injury lawyer to learn more about your rights.
A personal injury lawsuit is civil dispute in which the plaintiff seeks compensation for their loss. This includes medical bills or lost wages, as well as property damage. The process can last from a few months to several years.
Damages
A personal injury lawsuit is a legal action that is taken to compel another person, or entity to pay you for damages resulting from an accident. The plaintiff is the one who was injured and the defendants are the parties responsible. Personal injury cases can include the wrongful death of a person who dies because of the negligence or wrongful actions of others.
Damages are usually classified into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages, which are very rare and are intended to punish the offender if they have committed extreme acts.
This category covers all costs caused by the injury or accident. These could include hospital bills, doctor's fees and physical therapy costs. Certain claims could also include additional costs, like travel costs to and from appointments or modifications to your home to accommodate a permanent disability.
Non-economic damages are also referred to by the term "pain and suffer" damages. These damages are harder to quantify and include the emotional distress and mental stress caused by accidents. Depending on the extent of your injuries, your lawyer will help you determine the value of the damages. This could be based on the ability to do things you did before or your loss of consortium with family.
Statute of limitations
A legal requirement known as the statute of limitation requires that anyone who is injured in an accident should file a lawsuit before a certain date or the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to stop people from carrying out litigation relating to incidents for an indefinite period.
The exact duration of the time limit varies from one state to another, but the majority of personal injury lawsuits have a time limit of two to four years. However, there are exceptions that can extend the time a victim has to file their claim and they should seek legal advice when determining whether or not their case falls within one of these exceptions.
The statute of limitations is only applicable to lawsuits filed in the court. A majority of injuries cases are resolved through the process of claiming insurance and do not require formal lawsuit filing. Even so, Edmond injury lawyers is crucial to give yourself plenty of time to take legal action in the event that insurance negotiations fail to go as planned or an issue arises that cannot be resolved through the insurance system.
Certain circumstances may stop the clock of the statute of limitations however these cases are extremely rare and need to be analyzed on an individual basis. For example the statute of limitations may not begin to run until a victim has discovered or should have reasonably discovered that their injuries were caused by another person's negligence, and in certain states, such as New York, the statute of limitations is different for claims against municipalities.
Complaint
A personal injury lawsuit is brought by the victim against the party who caused the injury. It asserts that the defendant breached their duty of care and this breach caused loss and harm to the plaintiff. The defendant is then accountable for the damages.
The complaint is the first document that is filed in a personal injury case. It provides detailed details concerning the incident that led to your injuries and the damages you want. The complaint also contains the "prayer of relief" which describes what you would like the court to do. The complaint and summons must be given to the defendant.
The defendant must respond to the complaint within a set of time limits and either admit or deny the allegations contained in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case as a third party defendant.
A successful personal injury lawsuit is based on solid evidence, such as medical records and witness testimony. We work closely with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance representatives to get the best settlement possible.
Preliminary Conference
In a personal-injury lawsuit the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries from your accident, and that the injuries you sustained are worthy of financial compensation.
It's a long process, but it is at the trial that you will finally know if you will receive the damages you are entitled to. In a trial before a jury your lawyer will argue the defendant's liability and that they must pay for your losses. The defendant will provide evidence to show that their actions are not connected to the accident. This will prevent them from settling your losses.
You must attend a pre-trial meeting prior to proceeding with the trial. This is the first time your case is subject to deadlines set by a judge. It is also the time where your lawyer will discuss the case with the defense.
A judicial registrar, or a member from the court staff, typically holds preliminary conferences. All participants must attend the preliminary conference in person, unless the case is handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. 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 scheduled to be part of the Differentiated Case Management program, an initial conference can be a chance to determine whether your case falls into one of the three classifications which are expedited, standard or complex.
Bill of Particulars
When a summons and complaint are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to file an Answer (although this time frame can be extended with the court's approval). After the Answer has been filed, the case is moved into what is called the discovery phase. In this stage, both parties exchange information via written discovery demands and depositions.
After the discovery process is concluded, the plaintiff's attorney prepares what is called a Bill of Particulars. The document details legal claims and the relief sought - usually the award of damages in cash. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.
The court must review the Bill of Particulars before it is allowed to be enforced. Generally speaking, the court will only accept a Bill of Particulars that is not overbroad or vague. A Bill of Particulars must only include the specific acts of negligence that are being asserted and not include any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ), for example was a case in which the court ruled that the plaintiff was not negligent. In 1994, the court affirmed the motion to strike all references to intentional or willful actions in a medical malpractice case.
The court will not allow the introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit offering an adequate explanation for the delay in the amendment.
Physical Examination
When a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction might be to ask the reason a doctor who may not know you, your medical history, and the particulars of your accident is being required to conduct an examination. This type of examination, which is required by Washington law, could be beneficial to your case.
IMEs are usually performed by doctors who are employed by the defendant’s insurance company. They are there to provide an alternative view of your injuries. Although they are sometimes described as "independent," these physicians - just like the insurance companies - have their own agenda and financial interest in reducing the amount of compensation that can 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 a copy to the doctor of all pertinent medical records. Your lawyer will also be present at the IME and will make sure that you are examined with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.