What is a Personal Injury Lawsuit?
You may be eligible for compensation if you have been injured due to the actions or inactions of a third party. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.
A personal injury lawsuit is civil litigation where the plaintiff seeks compensation for their losses. This includes medical bills, lost wages and property damage. The process can take anywhere from several months to a few years.
Damages
A personal injury lawsuit is a legal proceeding that is taken to force another individual or entity to compensate you for damages resulting from 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 the result of carelessness or infractions committed by others, wrongful death cases are often included in personal injury claims.
Damages are usually classified into two categories: compensatory and punitive. Compensation damages are designed to help the victim get back on track for good, including out-of-pocket costs like medical bills as well as compensation for suffering and pain. Punitive damages are uncommon and are designed to punish the perpetrator for their extreme behavior.
The first type of damages is typically called "economic damages." This is the term used to describe the cost of out-of-pocket expenses incurred due to the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. In certain cases additional expenses, such as the cost of travelling to and from appointments or changes to your home to accommodate permanent disabilities can be included in an insurance claim.
Non-economic damages can also be described as "pain and suffer" damages. These damages are difficult to quantify, and they comprise the emotional distress and mental anguish that an accident can cause. 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 carry out the things you were previously able to do or your loss of consortium with family.
Statute of Limitations
A legal rule known as the statute of limitations obliges anyone injured in an accident should file an action within a specified date or else their claim will be dismissed. This is to prevent evidence from being lost or forgotten and to prevent people from dragging out litigation related to an incident for a long time.
The time frame for filing a claim differs from one state another, but the majority of personal injury lawsuits have a limit of between two and four years. There are some exceptions to the time period for filing a claim. If you require assistance determining if your case is one of these exceptions, it is best to seek legal advice.
The statute of limitations applies only to lawsuits filed in the court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. But, it's important to allow yourself plenty of time to pursue legal action just in case insurance negotiations do not go as planned or an issue arises 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 considered on a case-by case basis. The statute of limitation may not be established until the victim realizes or should have realized that the injury was caused by another's negligence. In some states, such as New York, it is different for claims that are made against municipalities.
Complaint
A personal injury lawsuit is a civil case initiated by a victim against the person or entity who caused the injury.
McKinney injury attorney You Tube
Links to an external site. that the defendant breached the duty of care, and that this breach caused harm and loss to the plaintiff, and that the defendant is liable for those damages.
The first document you file with a personal injury lawsuit is referred to as the complaint. It contains specific details about the incident that led to your injuries. It also outlines the damages you are seeking. It also includes an "prayer for relief" that outlines what you would like the court to do. The complaint must be served on the defendant, along with a summons, which is a notice that they are being sued.
The defendant must respond to the complaint within certain time limits and either admit or deny all allegations made in the complaint. The defendant can also file a counterclaim against the plaintiff or bring in another defendant as third-party defendant.
A successful personal injury lawsuit depends on solid evidence including 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 can also help us negotiate with the attorney of the defendant or insurance representatives to get the most favorable settlement offer.
Preliminary Conference
In a personal-injury lawsuit your lawyer must show that negligence on the part of the defendant caused your accident. You must be able to prove that you sustained injuries as a result of your accident, and that those injuries warrant financial compensation.
This could be a long process, but the trial is when you'll be able to decide if you'll receive the compensation you're entitled to. In a jury trial your lawyer will argue that the defendant is responsible and is required to compensate you for your losses. The defendant will present evidence that their actions are not related to the accident, which will prevent them from having to compensate you for your losses.
You must attend a pre-trial discussion before you can proceed with the trial. This is usually the first time that your case will have deadlines set by the Court itself. It is also the time that your attorney will discuss the case with the defense.
Preliminary meetings are usually held by a judicial registrar, or someone on the court's staff. All parties must attend the preliminary conference in person unless the case has been handled in accordance with the 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 participate via phone or internet with the approval 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 categories - expedited, standard or complex.
Bill of Particulars
After the complaint and summons are filed, the defendants named in the lawsuit will be given twenty to thirty days (although this timeframe can be extended by the court). Once the Answer is filed, the case enters what is called the discovery phase. During this time the parties exchange information in the form of written demand for discovery and depositions.
After the discovery process is concluded The attorney for the plaintiff prepares what is called a Bill of Particulars. This document outlines 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 made, to help them prepare for trial.
Before a Bill of Particulars can be accepted, it must be scrutinized by the court. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars should be limited to the specific acts of negligence claimed and should not add new claims. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all the reference to willful or deliberate actions in a medical malpractice case.
The court will not allow a new theory to be introduced at an point in the action that is unreasonablely late. To avoid causing prejudice any late amendment to the Bill of Particulars must be supported by an affidavit, which gives a reasonable explanation of the delay of this amendment.
Physical Examination
You might be wondering the reason why a doctor, who isn't familiar with you or your medical history and isn't familiar with the specifics of your accident, would be required to conduct a medical examination. This type of examination is required under Washington law, could be beneficial to your case.
Typically, IMEs are conducted by medical doctors who are employed by the insurance company representing the defendant and aim to offer a different perspective on your injuries. Although they are sometimes described as "independent," these physicians as well as insurance companies have their own agendas and financial motives in decreasing the amount of compensation that may be awarded to an injured victim.
If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are aware of what to expect and provide copies of all relevant medical records for the doctor to look over. Your lawyer will also be present at the IME and can ensure that you are examined in a fair manner by ensuring that the doctors questions do not deviate from those in your medical records. It is important to not play around with the severity of your injuries to these doctors, as they are trained to recognize the deceit and may use this information against you at trial.