What is a Personal Injury Lawsuit?

You may be entitled to compensation if have been injured due to 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 action in which the plaintiff seeks money to compensate for their losses, which include medical bills, lost wages, property damage, and other costs. The process can take several months to several years.

Damages


A personal injury lawsuit is a legal proceeding that is used to compel another person, or entity to compensate you compensation for damages caused by an accident. The party who suffered the injury is known as the plaintiff, while the parties responsible are referred to as defendants. Personal injury cases may include cases of wrongful death when someone dies due to the negligence or wrongdoing of others.

The damages a victim suffers are usually broken down into two groups: compensatory and punitive. Compensation damages are designed to help the victim get back on track again, including out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are very rare, are meant to punish the offender for committing extreme acts.

This category includes all expenses caused by the injury or accident. These may include hospital expenses medical expenses, doctor's charges and physical therapy costs. In certain cases, additional expenses like the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities could be included in the claim.

Non-economic damages can also be referred to by the term "pain and suffer" damages. These damages are harder to quantify, and they include the emotional stress and mental anguish that accidents can cause. Based on the extent of your injuries, your lawyer will assist you to determine the value of these damages. It could be based on your ability to participate in activities that you used to do or the loss of your relationship with family members.

Statute of Limitations

Under a legal rule called the statute of limitations, any person who is injured in an accident must file a lawsuit within a specific time period or their claim will be rejected by the courts. This is to prevent evidence from being lost or forgotten, and to stop people from drag out litigation related to an incident for a long time.

The time frame for filing a claim is different from one state to another, but most personal injury lawsuits have a time frame of two to four years. There are certain exceptions to the period for filing an injury claim. If you need help in determining whether 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 that are filed in court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. But, it's important to leave yourself enough time to file a lawsuit just in case insurance negotiations fail to go as planned or an issue arises that can't be resolved through the insurance system.

Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be considered on a case by case basis. For instance, the statute of limitations may not start to run until a victim has discovered or reasonably should have discovered that their injury was caused by someone else's negligent actions, 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 claims that the defendant breached a duty of care, and that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the losses.

The first document filed in a personal injury lawsuit is called the complaint, and it contains specific details about the incident that led to your injuries and outlines the damages you are seeking. It also contains the "prayer for relief" that describes 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 must submit an answer to the complaint within a specific time frame, and must either accept or deny the allegations in the complaint. The defendant may also file a counterclaim against the plaintiff or introduce another defendant as a third-party defendant.

A successful personal injury lawsuit depends on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to gather the relevant information and incorporate it in the case. The evidence we gather can also assist us to negotiate with defense attorneys or insurance companies to get the best possible settlement offer.

Preliminary Conference

In a personal injury case, your lawyer must prove that negligence on the part of the defendant led to your accident. You must also prove that you suffered injuries due to your accident and that the injuries you sustained are worthy of financial compensation.

It can be a lengthy process, but it's at the trial that you will be able to determine if you get the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is responsible and must pay you for the losses you suffered. The defendant will provide evidence that their actions are not related to the accident, which will keep them from having to compensate you for your losses.

Before you can proceed to trial, you must attend a preliminaries conference. This is the first time your case is subject to deadlines set by a court. This is also the time where your lawyer will discuss the case with the defense.

A judicial registrar, also known as an individual from the court staff, typically holds preliminary conferences. Unless the case is being handled by New York's Differentiated Case Management Rule, or if it is exempted from the Rules the parties are required to attend in person. If a person is unable to attend in person, the convenor can permit them to participate via phone or online. If your case will be part of the Differentiated Case Management Program, a preliminary meeting is also an opportunity to determine if your case falls under one of three categories: advanced standard or complex.

Bill of Particulars

After the summons and complaint are filed, the defendants named in the lawsuit will have twenty to thirty days (although this timeframe is able to be extended by the court). Once the Answer is filed, the case is moved to what is known as the discovery phase. In this phase 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 conclusion of the discovery. The document is a legal declaration of claims and the relief sought - usually the award of damages in cash. 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 the Bill of Particulars before it is able to be followed. Generally speaking, the court will only accept 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. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court concluded that the plaintiff had not been negligent. In 1994, the court upheld a motion to strike references to intentional or willful actions in a medical malpractice case.

The court will not allow a new theory to be added at a point in the case that is unreasonable late. To avoid causing prejudice a late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation for the delay of this amendment.

Physical Exam

If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction may be to question the reason a doctor who may not know you, your medical history, and the particulars of your injury is asked to conduct an exam. This type of examination, which is required by Washington law, could be beneficial to your case.

Typically, IMEs are conducted by medical doctors who are employed by the insurance company of the defendant and aim to provide a different view of your injuries. Although they are often called "independent," these physicians as well as insurance companies - have their own agenda and financial interest in reducing the amount of compensation that may be awarded to an injured victim.

Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give an IME doctor with a copy of all relevant medical records. YouTube Links to an external site. will also be present at the IME and can ensure that you are being treated with respect and courtesy by ensuring that questions of the doctor do not diverge from the ones in your medical records. Do not underplay or exaggerate the severity of your injury to these doctors. They are trained to spot fraud, and may utilize this information in court.