What is a Personal Injury Lawsuit?

If you have been injured due to another's actions or inactions, you could be entitled to compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.

A personal injury lawsuit is civil litigant where the plaintiff seeks compensation for their losses. This includes medical expenses, lost wages and property damage. The process can last from a few months to several years.

Damages

A personal injury lawsuit is a legal action that is used to compel another person, or entity to compensate you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff, while the responsible parties are called defendants. When someone dies as a result of negligence or wrongdoing by others the wrongful death case can be included in personal injury lawsuits.

The damages of a victim are typically broken down into two groups which are: punitive and compensatory. Compensatory damages include medical bills, pain and suffering compensation, and other out-of-pocket expenses. Punitive damages, which are rare, are meant to punish the offender for committing extreme acts.

The first type of damages is typically referred to as "economic damages." This includes any out-of-pocket costs resulting from the accident or injury. These could include hospital bills, doctor's fees and physical therapy costs. In some instances additional expenses, such as the cost of travelling to and from appointments, or changes to your home for permanent disabilities could also be included in a claim.

Non-economic damages are also referred to by the term "pain and suffer" damages. These are more difficult to quantify and involve the emotional distress, mental anguish and suffering caused by accidents. Depending on the severity of your injuries your lawyer can help you determine the value of these damages. This might be based on your ability to continue enjoying the activities you used to do or the loss of your relationship with family members.

Statute of limitations

A legal rule known as the statute of limitation obliges anyone injured in an accident file an action before a specific date or the claim will be dismissed. This is done to stop evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for an indefinite period.

The exact duration of time varies from state to state, however, personal injury claims typically have a two- to four-year limitation. There are certain exceptions to the to file an injury claim. If you require assistance in determining whether your case falls within one of these exceptions, it is recommended that you seek legal advice.


One of the main facets of the statute of limitations is that it is only applicable to the filing of a lawsuit in a court. Many cases of injury are resolved through the process of claiming insurance and do not require formal lawsuit filing. Even so, it is important to leave yourself enough time to file a lawsuit just in case insurance negotiations do not go as planned or there is a problem that cannot be easily addressed through the insurance system.

Certain circumstances can stop the clock on the statute of limitations, but they are not common and have to be assessed on a case by case basis. For instance, the statute of limitations may not start running until the victim discovers or should have reasonably discovered that their injuries were caused by another person's negligent actions, and in certain states, like New York, the statute of limitations is different for claims against municipalities.

Complaint

A personal injury lawsuit is a civil case filed by an injured party against the person or entity who caused the injury. The plaintiff claims that the defendant breached a duty of care, that the breach caused harm and loss to the plaintiff, and that the defendant should be held liable for those damages.

The complaint is the initial document that you file in a personal injury case. It provides detailed details concerning the incident that caused your injuries as well as the damages you are seeking. The complaint also includes the "prayer of relief" which outlines what you want the court to do. The summons and complaint must be given to the defendant.

After the complaint is filed, the defendant is required to file an answer to the complaint within a specified timeframe, and will either admit or deny the allegations made in the complaint. The defendant may also file a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant.

A successful personal injury lawsuit depends on solid evidence such as medical documents and testimony from witnesses. We collaborate closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance agents to obtain the most favorable settlement offer.

Preliminary Conference

In a personal injury case the attorney for you must prove that the defendant's negligence caused your accident. You must also prove that you were injured in the accident and that your injuries are worthy of the amount of financial compensation.

This could be a long process, but the trial is where you'll be able to decide if you'll be awarded the damages you deserve. In the case of a trial before jurors, your lawyer will argue the defendant's responsibility and the need to be held accountable for your losses. The defendant will present evidence that their actions are unrelated to the accident, which will keep them from having to reimburse you for your losses.

Before you can proceed to trial you must attend a preliminaries conference. This is the first time your case has deadlines set by a judge. It is also the time where your attorney will discuss the case with the defense.

Preliminary conferences are typically conducted 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 in accordance with the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is not able to attend in person, the convenor may allow them to participate by phone or via the internet. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine whether your case falls under one of three categories: complicated or expedited standard.

Bill of Particulars

After a summons or complaint are filed, the defendant parties who are named in the lawsuit have either twenty or thirty days in which to submit an Answer (although this time frame can be extended with the court's consent). After the Answer is filed, the case moves into what is known as the discovery phase. In this phase both parties exchange information through written demands for discovery and depositions.

The lawyer for the plaintiff prepares the Bill of Particulars at the end of the discovery. You Tube and the relief sought - typically the award of damages in cash. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being made, so that they can effectively prepare for trial.

Before a Bill of Particulars can be followed, it has to be reviewed by the court. Generally, 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 alleged and must not include 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. 1994), the court sustained a motion to strike all references to willful and intentional acts from a medical malpractice claim.

In the same way, the court will not allow introduction of a new doctrine of recovery at a disproportionately late stage in the litigation. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides an adequate explanation for the lateness of the amendment.

Physical Exam

It is possible to ask why a doctor, who doesn't know you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical exam. This type of exam is required by Washington law, could be beneficial to your case.

IMEs are usually conducted by doctors employed by the insurer of the defendant. They are there to provide an alternative view of your injuries. While they are sometimes called "independent," these physicians, just like insurance companies - have their own agenda and financial interest in reducing the amount of compensation that may be awarded to an injured victim.

If you decide to go through an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect. They will provide the complete set of medical records to the doctor to review. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in accordance with your medical records. It is crucial to not play with the severity of your injuries with the doctors, since they are trained to spot the deceit and may make use of this information against you at trial.