What is a Personal Injury Lawsuit?

If you have been injured through the actions or inactions, you could be able to recover compensation. To find out more about your rights under the law to pursue compensation, consult a knowledgeable personal injury lawyer.

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

Damages

A personal injury lawsuit is a legal proceeding to compel a person or entity to pay you money for damages related to an accident. The injured party is known as the plaintiff, while the parties accountable are known as defendants. When someone dies as a result of inattention or negligence of others, wrongful death cases are often included in personal injury lawsuits.

Damages are usually classified into two categories: compensatory and punitive. Compensation damages can include medical bills as well as pain and loss compensation and other out-of pocket expenses. Punitive damages, which are very rare and are intended to punish the wrongdoer for committing extreme crimes.


This category covers all expenses caused by the accident or injury. These might include doctor's bills as well as hospital expenses and physical therapy costs. Some claims could also cover additional costs, like the cost of travel to and from appointments or the need to modify your home to accommodate a permanent disability.

Non-economic losses are often called "pain and suffering" damages. These damages are difficult to quantify and comprise the emotional distress and mental anguish caused by accidents. Depending on the extent of your injuries, your lawyer can help you determine the value of these damages. This could be based on the capacity to perform the things you were previously able to do or your loss of consortium with your family.

Statute of Limitations

A legal principle known as the statute of limitation obliges anyone injured in an accident must file an action within a specified date or else their claim will be dismissed. This is to stop evidence from being forgotten or lost, and to prevent those who delay bringing litigation related to an incident out for an indefinite period.

The exact duration of time is different from state to state however personal injury claims generally have a two-to four-year limit. However there are exceptions that can prolong the time a victim has to make a claim, and they should seek legal advice when to determine whether or not their case falls within one of these exceptions.

The statute of limitations only applies to lawsuits that are filed in the court. A majority of injuries cases are resolved through the insurance claim process and do not require formal lawsuit filing. It is important to allow yourself enough time to bring a lawsuit in the event that negotiations with insurance do not go as planned or if a problem arises that cannot be resolved with insurance.

A few circumstances can pause the clock on the statute of limitations however, these situations are extremely rare and need to be considered on an individual case-by-case basis. For instance the statute of limitations may not start running until the victim discovers or reasonably should have discovered that their injuries were caused by a negligent actions, and in certain states, like New York, the statute of limitations differs for claims against municipalities.

Complaint

A personal injury lawsuit is a civil suit filed by an injured party against the person or entity who caused the injury. It claims that the defendant breached a duty of care, that the breach caused harm and losses to the plaintiff, and that the defendant is accountable for the damages.

The first document you file with a personal injury lawsuit is known as the complaint, and it contains detailed allegations about the incident that caused your injuries. It also lists the damages you're seeking. The complaint also contains an "prayer of relief" that outlines what you want the court to do. The complaint and summons must be delivered to the defendant.

After the complaint is filed, the defendant is required to submit an answer to the complaint within a specific time period, and they will either admit or deny the allegations in the complaint. The defendant may also file a counterclaim, or add a third party defendant to the case by naming third party defendant.

A successful personal injury lawsuit is built on solid evidence, including medical records and witness testimony. Albany injury lawsuit collaborate closely with our clients to ensure that all relevant information is collected and included in the case. The evidence we collect will also help us to negotiate with defendants' attorneys or insurance companies to get the best possible settlement offer.

Preliminary Conference

In a personal injury case your lawyer must demonstrate that the negligence of the defendant caused your accident. You must be able to prove that you sustained injuries due to your accident and that your injuries are a valid reason for financial compensation.

It's a long procedure, but it's at the trial that you will finally know if you will get the compensation you are entitled to. In a trial before the jury, your lawyer will argue that the defendant is at responsibility and the need to compensate you for your losses. The defendant will argue that their actions are not related to the accident, which will prevent them from having to reimburse you for your losses.

You must attend a pre-trial meeting before proceeding with the trial. This is the first time that your case will be subject to deadlines imposed by a court. This is also the time that your lawyer will discuss the case with the defense.

A judicial registrar, also known as an official from the court staff, usually conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled in accordance with New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person cannot attend in person, they are able to participate via phone or internet with the approval of the convenor. If your case is part of the Differentiated Case Management Program, an initial meeting also provides an opportunity to determine if your case falls under one of three categories: advanced standard or complex.

Bill of Particulars

After the complaint and summons have been filed, the defendants named in the lawsuit will be given twenty to thirty days (although this time frame can be extended by the court). When the Answer is filed, the case is moved to what is known as the discovery phase. In this phase the parties exchange information in the form of written demand for discovery and depositions.

The lawyer of the plaintiff drafts the Bill of Particulars at the end of discovery. The document details the legal claims being made as well as 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 followed, it must be examined by the court. In general, courts will only comply with a Bill of Particulars that is not vague or overly broad. A Bill of Particulars must only include the specific acts of neglect that are being alleged, and not add any new claims. For instance in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. 1994), the court sustained a motion to strike all references to intentional and willful actions from a medical malpractice claim.

The court will not permit the introduction of a new theory of recovery at an unreasonably late point in the action. In order to avoid resultant adverse consequences, a late amendment to the Bill of Particulars should only be allowed if accompanied by an affidavit that provides an adequate explanation for the lateness of the amendment.

Physical Exam

If a defense attorney, or an insurance company demands that you attend an Independent Medical Examination (IME) the first reaction could be to wonder the reason a doctor who may not know you and your medical history and the details of your injury is required to conduct an examination. This type of examination is required by Washington law, can be beneficial to your case.

Typically, IMEs are conducted by medical doctors who are employed by the defendant's insurance company and aim to offer an alternative perspective on your injuries. Although they are sometimes called "independent," these physicians, just like insurance companies have their own agendas and financial interest in reducing the amount of compensation that could be given to a victim of injury.

If you decide to go through an IME If you decide to undergo an IME, your Orange County personal injury lawyer will make sure that you are well-informed about what to expect and provide the complete set of medical records to the doctor to examine. Your lawyer will also be present at the IME and can ensure that you are being treated with respect and courtesy by ensuring that doctors ' questions aren't divergent from those in your medical records. Do not underplay or exaggerate the severity of your injuries to these doctors. They are trained to spot fraudulent behavior, and can use this information at trial.