What is a Personal Injury Lawsuit?

If you've been hurt due to another's actions or inactions, you could be able to recover compensation. Contact a knowledgeable personal injury lawyer to find out more about your rights.

A personal injury lawsuit is civil litigation in which the plaintiff seeks compensation for their loss. This includes medical bills, lost wages and property damage. The process can last between a few months and several years.

Damages

A personal injury lawsuit is a legal process which is filed to compel another person, or entity, to pay you compensation for damages caused by an accident. The plaintiff is the injured party and the defendants are the ones accountable. Personal injury cases can also include cases of wrongful death when someone dies due to inattention or negligence of others.

The damages a victim suffers are usually divided into two categories which are: punitive and compensatory. Compensatory damages are meant to ensure that the victim is completely for good, including out-of-pocket costs like medical bills and compensation for suffering and pain. Punitive damages, which are rare and are intended to punish the perpetrator if they have committed extreme crimes.

This category covers all expenses incurred as a result of the injury or accident. These may include hospital expenses as well as doctor's fees and therapy costs. In some cases other expenses such as the cost of travelling to and from appointments, or modifications to your home due to permanent disabilities can be included in a claim.

Non-economic damages are often described as "pain and suffering" damages. These damages are more difficult to quantify and comprise the emotional distress and mental stress caused by accidents. Depending on the severity of your injuries, your lawyer can help you estimate the value of these damages. This might be based on the ability to enjoy activities you used to do or your loss of connection with family members.

Statute of limitations

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

The time frame for filing a claim differs from one state another, but the majority of personal injury claims have a time frame of two to four years. There are certain exceptions to the period for filing a claim. If you require assistance determining if your case falls within one of these exceptions, then it is best to 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. A majority of injuries cases are resolved through the process of claiming insurance and do not require a formal lawsuit filing. It is essential to allow yourself sufficient time to start a lawsuit in the event that negotiations with insurance don't go as planned, or if a problem occurs that cannot be resolved with insurance.

Certain circumstances can stop the clock on the statute of limitations however these cases are very rare and have to be analyzed on a case-by-case basis. For instance the statute of limitations may not start to run until the victim discovers or ought to have realized that their injury was 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 filed by the victim against the person who caused the injury. The plaintiff claims that the defendant breached their duty of care and that this breach caused damage and losses for the plaintiff. The defendant is held responsible for these damages.

The complaint is the first document that is filed in a personal injury lawsuit. It includes specific allegations about the incident that caused your injuries, as well as the damages you are seeking. The complaint also contains the "prayer of relief" that outlines what you would like 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 certain 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 third-party defendant.

A successful personal injury lawsuit is based on solid evidence, including medical documents and witness testimony. YouTube collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence will also assist us negotiate with the defendant's attorneys or insurance representatives to get the best settlement possible.

Preliminary Conference

In a personal injury case the attorney for you must prove that the negligence of the defendant led to your accident. You must also prove that you suffered injuries from your accident, and that those injuries warrant financial compensation.

It's a long process, but it's at the trial that you will finally know if you will receive the damages you are 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 to prove that their actions were unrelated to the accident. This will stop them from settling your losses.


Before proceeding to trial you must attend a preliminaries conference. This is usually the first time your case will have deadlines that are set by the Court itself. This is also when your attorney will be discussing the matter with the defense.

A judicial registrar, also known as a member of the court staff usually conducts preliminary conferences. If the case is handled in accordance with New York's Differentiated Case Management Rule, or otherwise exempted from the Rules All parties are required to be present in person. However, if a party is unable to attend in person they may participate via telephone or on the internet with the approval of the convenor. If your case is going to be a part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls into one of the three categories which are expedited, standard or complex.

Bill of Particulars

After a complaint and summons are filed, the defendants who are named in the lawsuit have the option of having twenty or thirty days to submit an Answer (although this deadline may be extended with the court's approval). Once the Answer is filed, the case is moved into what is called the discovery phase. In this period the parties exchange information in the form of written demand for discovery and depositions.

The lawyer of the plaintiff drafts a Bill of Particulars at the end of the discovery. The document details the legal claims being made as well as the relief sought - usually an award of money damages. The Bill of Particulars is meant to inform the defendant of the specific legal claims that are made to help them prepare for trial.

Before a Bill of Particulars can be followed, it has to be examined by the court. In general, the court will only abide by a Bill of Particulars if it isn't vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being claimed, and not add any new claims. Linker v. Jolly 203 A.D.2d (527 (2nd Dept. ) for instance, was a case where the court ruled that the plaintiff had not been negligent. In 1994, the court upheld the motion to strike out the reference to willful or deliberate acts in a medical malpractice case.

In the same way, the court will not permit the addition of a new theory of recovery at an unreasonably late stage in the case. To avoid causing prejudice, an amendment made late to the Bill of Particulars must be supported by an affidavit that gives a reasonable explanation of the lateness of this amendment.

Physical Examination

You may question the reason why a doctor, who doesn't know you, or your medical history, and isn't familiar with the details of your accident, would be required to conduct a medical examination. This type of exam, which is required by Washington law, could be beneficial to your case.

Typically, IMEs are conducted by doctors medical who are hired by the insurance company of the defendant and their aim is to offer an alternative perspective on your injuries. While they are sometimes referred to as "independent," these physicians - just like the insurance companies - have their own agenda and financial stake in decreasing the amount of compensation that can be awarded to an injured victim.

Your Orange County personal injury attorney will make sure you know what you can expect from an IME and will provide the doctor with a copy of all pertinent medical records. Your lawyer will also be present at the IME and will ensure that you are being treated with respect and courtesy by ensuring that doctors ' questions aren't divergent from the ones in your medical records. Do not underplay or exaggerate the severity of your injuries to the doctors. They are trained to detect fraudulent behavior, and can make use of this information in a trial.