What is a Personal Injury Lawsuit?

If you've been hurt by another person's actions or inactions, you may be eligible for compensation. To find out more about your rights under the law, contact an experienced personal injury lawyer.

A personal injury lawsuit is a civil dispute in which the plaintiff seeks compensation for their losses, such as medical expenses, lost wages, property damage, and other costs. The process can run from several months to several years.

Damages

A personal injury lawsuit is a legal action that is used to force another individual or entity to pay you compensation for damages caused by an accident. The person who is injured is referred to as the plaintiff while the parties accountable are known as defendants. If someone dies as a result of the negligence or wrongdoing by others In wrongful deaths, the case can be included in personal injury claims.

The damages of a victim are typically divided into two categories that are punitive and compensatory. Compensatory damages are meant to make the victim whole again, including out-of-pocket expenses like medical bills and compensation for pain and suffering. Punitive damages, which are not common and are designed to punish the offender for committing extreme crimes.

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

Non-economic damages are often called "pain and suffering" damages. These are more difficult to quantify and involve the emotional distress, mental suffering and anguish that accidents can cause. Based on the severity of your injuries your lawyer can help you estimate the value of the damages. This could be based on the capacity to perform the things you were previously able to do or your loss of consortium with family.

Statute of Limitations

A legal requirement, known as the statute of limitations, any person who is injured in an accident must bring a lawsuit within a certain time frame or else their claim will be rejected by the courts. This is done to stop evidence from being lost or lost and to stop individuals from dragging litigation relating to incidents out indefinitely.

The exact duration of the time limit varies from one state to another, but the majority of personal injury lawsuits have a time frame of between two and four years. There are certain exceptions to the period for filing claims. If you need help to determine if your claim is one of these exceptions, then it is best to seek legal advice.


A key aspect of the statute of limitations is that it is only applicable to the filing of an action in a court. Insurance claims are often used to resolve injuries and do not require formal lawsuits. But, it's important to allow yourself plenty of time to take legal action in the event that negotiations don't go as planned or an issue arises that can't be addressed by the insurance system.

Some circumstances can pause the clock on the statute of limitations, however they are rare and need to be assessed on a case by case basis. The statute of limitations may not be established until the victim discovers or should have known that the injury resulted from someone else's negligence. In certain states, such as New York, it is different for claims against municipalities.

Complaint

A personal injury lawsuit is brought by the victim against the person who caused the injury. The plaintiff claims that the defendant violated the duty of care, that this breach caused harm and loss to the plaintiff, and that the defendant is accountable for the losses.

The first document filed with a personal injury lawsuit is known as the complaint. It includes specific allegations regarding the incident that caused your injuries. It also outlines the damages you are seeking. It also contains a "prayer for relief" that outlines what you want the court to do. The summons and complaint should be given to the defendant.

The defendant must respond to the complaint within specific time limits and either admit or deny the allegations made in the complaint. The defendant can also make a counterclaim against the plaintiff or introduce 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 together with our clients to collect the relevant information and incorporate it in the case. The evidence can also help us negotiate with the attorney of the defendant or insurance companies to negotiate the best settlement possible.

Preliminary Conference

In a personal injury case the lawyer for you must prove that negligence on the part of the defendant caused your accident. You must also prove that you were injured in your accident and that your injuries are worth an amount of money.

It can be a lengthy process however, the trial is when you'll be able to decide if you'll be awarded the damages you're entitled to. In the trial before a jury your lawyer will argue for the defendant's liability and that they must pay for your losses. The defendant will argue that their actions do not contribute to the accident, which will prevent them from having to compensate you for your losses.

Before proceeding to trial, you must attend a preliminaries conference. This is the first time your case has deadlines set by a court. This is also when your attorney will be discussing the issue with the defense.

A judicial registrar, also known as an individual of the court's staff, usually conducts preliminary conferences. Unless the case is handled by the New York's Differentiated Case Management Rule, or is otherwise exempt from the Rules the parties are required to be present in person. If, however, a person is unable to attend in person, they may participate via phone or internet with the permission of the convenor. If your case is scheduled to be part of the Differentiated Case Management program, the preliminary conference will provide an opportunity to determine whether your case falls under one of the three categories which are 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 deadline can 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 discovery demands and depositions.

The plaintiff's lawyer prepares a Bill of Particulars at the end of 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 prepare effectively for trial.

Before a Bill of Particulars can be followed, it must be examined by the court. In general, a court will only 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 claimed and should not add new claims. For example in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all any references to willful or intentional acts in a medical negligence case.

The court will not permit a new theory to be added at an point in the case that is unreasonable late. To avoid prejudice, a belated amendment to a Bill of Particulars should only be allowed if accompanied by an affidavit that provides a reasonable excuse for the lateness of the amendment.

Physical Examination

You might be wondering 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 asked to conduct a medical examination. However, this kind of examination is actually an obligation under Washington law and can be helpful to your case.

IMEs are typically conducted by doctors hired by the insurer of the defendant. Their aim is to provide an alternative view of your injuries. These physicians, who are sometimes referred to as "independent", have their own agendas and financial interests in reducing the amount of compensation that is paid to victims.

Your Orange County personal injury attorney will ensure that you understand what to expect from an IME and will give a copy to the doctor of all pertinent medical records. You Tube will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. You should not downplay or exaggerate the severity of your injury to these doctors. They are trained to detect dishonesty, and could utilize this information in court.