What is a Personal Injury Lawsuit?

If you've been hurt due to another's actions or inactions, you may be eligible for compensation. Contact a knowledgeable personal injury lawyer to learn more about your rights.

A personal injury lawsuit is a civil litigant in which the plaintiff seeks compensation for their loss. 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 proceeding to compel another person or entity to pay you money for damages related to an accident. The plaintiff is the victim and the defendants are responsible. If someone dies as a result of inattention or negligence of others In wrongful deaths, the case may be part of personal injury lawsuits.

Damages are usually classified into two categories: punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses such as medical expenses as well as compensation for suffering and pain. Punitive damages are not common and designed to punish the perpetrator for their extreme behavior.

The first type of damages is often called "economic damages." This covers any out-of-pocket costs resulting from the accident or injury. This could include doctor's fees or hospital costs, as well as physical therapy expenses. In some cases other expenses such as the cost of traveling to and from appointments or modifications to your home for permanent disabilities may also be included in an insurance claim.

Non-economic damages are often called "pain and suffering" damages. They are more difficult to quantify and are a result of the emotional distress, mental anguish and suffering that an accident can cause. Based on the extent of your injuries, your lawyer will help you estimate the value of these damages. This may be based on your ability to do activities you used to or your loss of a relationship with your family.

Statute of Limitations

A legal rule known as the statute of limitations requires that anyone who is injured in an accident file an action before a specific date or the claim will be dismissed. This is to prevent evidence from being lost or lost in the shuffle and to prevent people from dragging out incident-related litigation indefinitely.

The exact time limit varies from one state to another, but the majority of personal injury claims have a limit of between two and four years. There are certain exceptions to the time limit for filing an injury claim. If O'Fallon injury attorney YouTube need assistance determining if 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. Insurance claims are often used to resolve injuries and do not require formal lawsuits. It is still important to give yourself enough time to start a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that is not resolved by insurance.

Certain circumstances may stop the clock on the statute of limitations however, these situations are rare and generally need to be analyzed on an individual case-by-case basis. The statute of limitations may not start until the person realizes or should have realized that the injury resulted from someone else's negligence. In some states, like New York, it is different for claims against municipalities.

Complaint

A personal injury lawsuit is filed by the victim against the party who caused the injury. It asserts that the defendant violated their duty of care and the breach caused harm and losses for the plaintiff. The defendant is accountable for the damages.

The first document filed in a personal injury lawsuit is referred to as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also lists the damages you are seeking. The complaint also contains an "prayer of relief" which describes what you want the court to do. The summons and complaint must be handed over to the defendant.

After the complaint is filed, the defendant has to submit an answer to the complaint within a specified timeframe, and may either deny or admit the allegations made in the complaint. The defendant can also file a counterclaim or add another defendant to the case as third party defendant.

A successful personal injury lawsuit is built on solid evidence, which includes medical records and witness testimony. We work closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we have will also assist us in negotiate with the defense attorneys or insurance agents to obtain the best settlement offer.

Preliminary Conference

In a personal injury lawsuit your lawyer must demonstrate that the defendant's negligence 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'll find out if you be awarded the compensation you are entitled to. In a trial before a jury, your lawyer will argue that the defendant is at responsibility and they will argue that they have to pay for your losses. The defendant will provide evidence to prove that their actions were unrelated to the accident. This will stop them from paying you for your losses.

You must attend a pre-trial meeting before you can proceed with the trial. This is typically the first time that your case will be subject to deadlines that are set by the Court itself. This is also the time when your attorney will be discussing the case with the defense.


A judicial registrar, or a member of the court's staff, usually conducts preliminary conferences. All parties must attend the initial conference in person unless the case is handled by New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If a party is unable to attend in person, they are able to participate via phone or internet, with the consent of the convenor. If your case will be part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls into one of three categories namely complicated or expedited standard.

Bill of Particulars

After the complaint and summons have been filed, the defendants named in the lawsuit will have between twenty and thirty days (although this timeframe is able to be extended by the court). After the Answer is filed, the case enters what is known as the discovery phase. In this period both sides exchange information in the form of written demand for discovery and depositions.

The plaintiff's lawyer prepares a Bill of Particulars at the conclusion of the discovery. The document details legal claims 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 is able to effectively prepare for trial.

Before a Bill of Particulars can be accepted, it must be reviewed by the court. Generally speaking, the court will only comply with a Bill of Particulars that is not vague or broad. A Bill of Particulars should be limited to the specific acts of negligence being claimed and should not add new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained the motion to strike all references to willful and intentional actions from a medical malpractice claim.

The court will also not permit a new theory to be introduced at an point in the case that is unreasonably late. To avoid causing prejudice an amendment made late to a Bill of Particulars must be supported by an affidavit that provides a reasonable explanation for the tardiness of the amendment.

Physical Exam

If a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) Your first reaction might be to ask the reason a doctor who may not know you, your medical history, and the specifics of your accident is being required to conduct an examination. This type of exam is required under Washington law, could be beneficial to your case.

IMEs are typically performed by doctors who are employed by the insurer of the defendant. Their goal is to provide an alternative perspective on your injuries. These doctors, sometimes called "independent" are able to have their own agendas and financial interests in reducing the amount of compensation that can be awarded to injured victims.

If you choose to undergo an IME the Orange County personal injury lawyer will ensure that you are aware of what to expect and will provide copies of all relevant medical records for the doctor to review. Your lawyer will be present during the IME to ensure that the questions posed by the doctor are consistent with your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect dishonesty, and could use this information at trial.