What is a Personal Injury Lawsuit?

You may be entitled to compensation if were injured as a result of the actions or inactions of another person. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.

A personal injury lawsuit is a civil dispute in which the plaintiff seeks money to cover their losses, such as medical bills, lost wages property damage and other expenses. El Monte injury lawsuits youtube.com Links to an external site. can run between a few months and 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 person who is injured is referred to as the plaintiff and the parties responsible are referred to as defendants. If someone dies as a result of carelessness or infractions committed by others the wrongful death case can be included in personal injury claims.

Damages are usually divided into two categories: compensatory and punitive. Compensatory damages include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are rare, are meant to punish the wrongdoer if they have committed extreme actions.

The first type of damages is typically known as "economic damages." This includes all out-of-pocket expenses associated with the accident and injuries. These may include hospital expenses as well as doctor's fees and therapy costs. Some claims may also include additional costs, like travel costs to and from appointments or the need to modify your home to accommodate a permanent disability.

Non-economic damages can also be described as "pain and suffer" damages. These are more difficult to quantify and include the mental and emotional stress, anxiety and suffering that an accident can cause. Based on the severity of your injuries, your lawyer will assist you to determine the value of these damages. This might be based on your ability to participate in activities that you previously enjoyed or your loss of connection with family members.

Statute of Limitations

A legal requirement known as the statute of limitations requires that anyone who is injured in an accident should file an action before a specific date or the claim will be dismissed. This is to stop evidence from being lost or lost, and also to stop individuals from dragging litigation relating to incidents out for a long time.

The exact time frame differs from state to state, but personal injury claims typically have a two-to four-year time limit. However there are exceptions that can extend the amount of time that a victim must make a claim, and they should seek legal advice for help to determine if your case falls under one of these exceptions.

The statute of limitations is only applicable to lawsuits that are filed in the court. Insurance claims are usually used to settle injury cases and do not require formal lawsuits. It is nevertheless important to allow yourself enough time to file a lawsuit in the event that insurance negotiations don't go as planned, or if a problem arises that is not resolved by insurance.

Certain circumstances may stop the statute of limitations clock, but these instances are rare and generally need to be analyzed on an individual basis. The statute of limitation may not begin until the victim is aware or should have known that the injury was caused by someone else's negligence. In certain states, such as New York, it is different for claims made against municipalities.

Complaint

A personal injury lawsuit is filed by the victim against the party who caused the injury. It claims that the defendant breached a duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.

The complaint is the primary document filed in a personal injury lawsuit. It provides detailed details concerning the incident that caused your injuries as well as the damages you want. It also includes a "prayer for relief" which outlines what you want the court to do. The complaint must be served on the defendant, along with a summons that is a notice that they are being sued.

After the complaint is filed, the defendant has to submit an answer to the complaint within a specified timeframe, and must either accept or deny the allegations made in the complaint. The defendant may also make a counterclaim against the plaintiff or bring in a different defendant as a third-party defendant.

A successful personal injury lawsuit is based on solid evidence such as 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 we gather can also assist us to negotiate with the defendants' attorneys or insurance companies to negotiate the most favorable settlement offer.

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 also prove that you suffered injuries as a result of your accident, and that the injuries you sustained are worthy of financial compensation.

It can be a lengthy process, but the trial is when you can finally determine whether you'll be awarded the damages you're entitled to. In a trial before jurors, your lawyer will argue that the defendant is at liability and that they must pay for your losses. The defendant will provide evidence to show that their actions were not related to the accident. This will stop them from settling your losses.

You must attend a pre-trial discussion 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 that your lawyer will discuss the case with the defense.

Preliminary meetings are usually held by a judicial register or a member of the court's staff. All parties must attend the initial conference in person unless the case is handled in accordance with 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 permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, a preliminary conference will also provide an opportunity to determine whether your case falls into one of the three classifications - expedited, standard or complex.

Bill of Particulars

After the summons and complaint have been filed, defendants named in the lawsuit will be given twenty to thirty days (although this deadline can be extended by the court). After the Answer is filed, the case is moved into the discovery phase. In this phase the parties exchange information via written demands for discovery and depositions.

The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. This document provides the legal claims being made and the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims made, to help them prepare for trial.

Before a Bill of Particulars can be followed, it must be scrutinized by the court. In general, the court will only be able to abide by the Bill of Particulars if it is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not contain new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all references to intentional or willful actions in a medical malpractice case.

The court will also not allow a new theory to be introduced at a point in the action that is unreasonablely late. In order to avoid resultant prejudice, a belated amendment to the Bill of Particulars should only be allowed when supported by an affidavit that provides an adequate explanation for the delay in the amendment.

Physical Examination

If a defense attorney or insurance company demands that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you and your medical history and the specifics of your injury is requested to conduct an exam. But, this type of examination is actually a requirement under Washington law and can be helpful in your case.

IMEs are usually performed by doctors who are employed by the insurance company of the defendant. Their aim is to offer a different perspective on your injuries. Although they are often referred to as "independent," these physicians - just like the insurance companies have their own agendas and financial interest in decreasing the amount of compensation that could be given to a victim of injury.


If you decide to undergo an IME the Orange County personal injury lawyer will make sure that you are fully informed about what to expect and will provide copies of all relevant medical records for the doctor to look over. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. It is crucial to not play up or down the extent of your injuries with the doctors, since they are trained to recognize the deceit and may utilize this information against you at trial.