What is a Personal Injury Lawsuit?

If you've 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 action where the plaintiff is seeking money to cover their losses, which include medical bills, lost wages property damage, and other costs. The process can take anywhere between a few months and several years.

Damages

A personal injury lawsuit is an action to force another person or entity to pay you compensation for the damage caused by an accident. The injured party is known as the plaintiff, while the responsible parties are called defendants. If someone dies as a result of negligence or wrongdoing by others the wrongful death case may be part of personal injury lawsuits.

A victim's damages are typically divided into two categories: compensatory and punitive. Compensation damages are based on medical bills as well as pain and suffering compensation, and other out of pocket expenses. Punitive damages, which are very rare and are designed to punish the offender when they have committed a number of extreme crimes.

The first category of damages is often known as "economic damages." This covers any out-of-pocket costs resulting from the accident and injuries. This could include hospital bills medical expenses, doctor's charges and physical therapy costs. In some instances additional expenses, such as the cost of travelling to and from appointments, or modifications to your home for permanent disabilities may be included in a claim.

Non-economic damages are also described as "pain and suffer" damages. These damages are harder to quantify, and include the emotional stress and mental stress that an accident can cause. Depending on the severity of your injuries, your lawyer will assist you to estimate the value of the damages. This might be based on your capacity to continue enjoying the activities you previously enjoyed or the loss of your relationship with family members.

Statute of Limitations

A legal rule known as the statute of limitation requires that anyone who is injured in an accident must file an action within a specified date or the claim will be dismissed. This is done to prevent evidence from being forgotten or lost, and to prevent people from dragging incident-related litigation out indefinitely.

The exact length of time for filing a claim varies between states, but personal injury claims typically have a two- to four-year time limit. There are certain exceptions to the time limit for filing an injury claim. If you need assistance to determine if your claim is one of these exceptions, it is recommended to seek legal advice.

One of the most important aspects of the statute of limitations is that it applies only to the filing of an action in a court. Many injury cases are resolved through the process of filing an insurance claim and do not require formal lawsuit filing. It is still 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.

A few circumstances can pause the statute of limitations clock however these cases are rare and generally need to be considered on an individual case-by-case basis. The statute of limitations might not be established until the victim discovers or should have known 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 action initiated by a victim against the person or entity who caused the injury. It alleges that the defendant violated a duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held accountable for the damages.

The first document filed in a personal injury lawsuit is known as the complaint. It contains detailed allegations about the incident that caused your injuries. It also outlines the damages you are seeking. The complaint also includes an "prayer of relief" which outlines what you would like the court to do. The complaint must be served to the defendant with a summons which is a notification that they are being sued.

After the complaint is filed, the defendant has to submit an answer to the complaint within a specific time period, and they may either deny or admit the allegations in the complaint. The defendant may also make a counterclaim against the plaintiff or introduce another defendant as third-party defendant.

A successful personal injury lawsuit is based on solid evidence, including medical records and testimony from witnesses. We work closely with our clients to ensure that all relevant information is gathered and included in the case. The evidence we have will also assist us in negotiate with defendants' lawyers or insurance agents to negotiate the most favorable settlement offer.

Preliminary Conference

In a personal-injury lawsuit, your lawyer must prove that negligence on the part 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.


This can be a long process however, the trial is when you'll be able to decide if you'll receive the compensation you're entitled to. In the trial before the jury the lawyer will argue the defendant's liability and that they must pay for your losses. Fall River injury attorney will argue that their actions are unrelated to the accident, which will prevent them from having to pay you for your losses.

You must attend a pre-trial meeting before you can proceed with the trial. This is usually the first time your case will have deadlines that are set by the Court itself. This is also the time when your lawyer will discuss the matter with the defense.

Preliminary conferences are usually conducted by a judicial registrar, or a member of the court's staff. All participants must attend the preliminary conference in person unless the case has been handled by New York's Differentiated Case Management Rule or the Rules are exempted in other ways. If a party is unable to attend in person, the convenor may permit them to attend via phone or online. If your case will be part of the Differentiated Case Management Program, the initial meeting provides an opportunity to determine whether your case falls into 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 have twenty to thirty days (although this timeframe is able to be extended by the court). Once the Answer has been filed, the case is moved into what is called the discovery phase. During this phase, both parties exchange information through written demands for discovery and depositions.

The lawyer for the plaintiff prepares a Bill of Particulars at the end of discovery. The document details the legal claims being made and the relief sought - usually 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 can effectively prepare for trial.

The court must examine the Bill of Particulars before it can be complied with. In general, a court will only be able to abide by the 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. For example, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court upheld the motion to strike all references to intentional or willful acts in a medical negligence case.

The court will also not permit a new theory to be introduced at an point in the action that is unreasonablely late. In order to avoid resultant negative consequences, an amendment made late to a Bill of Particulars should only be permitted if supported by an affidavit stating an adequate explanation for the delay in the amendment.

Physical Exam

It is possible to ask why a doctor, who doesn't know you or your medical history and is unfamiliar with the specifics of your accident, would be asked to conduct a medical examination. However, this type of exam is actually a requirement under Washington law, and could be beneficial in your case.

IMEs are typically conducted by doctors employed by the defendant’s insurance company. Their goal is to offer a different perspective on your injuries. These physicians, who are often referred to as "independent" and have their own goals and financial interests in reducing the amount of compensation that is awarded to injured victims.

If you choose to undergo an IME the 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 for the doctor to review. Your lawyer will also be present at the IME and will make sure that you are being examined with respect and courtesy by ensuring that questions of the doctor do not diverge from those in your medical records. It is important to avoid playing around with the severity of your injuries with these doctors, as they are trained to recognize the deceit and may use this information against you at trial.