What is a Personal Injury Lawsuit?

If you've been injured due to another's actions or inactions, you could be entitled to compensation. To find out more about your rights under the law get in touch with a seasoned personal injury lawyer.

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

Damages

A personal injury lawsuit is an action to compel another person or entity to pay you compensation for the damage caused by an accident. The plaintiff is the victim and the defendants are the ones responsible. If someone dies as a result of the inattention or negligence of others, wrongful death cases can be included in personal injury claims.

Damages are usually divided into two categories: compensatory and punitive. Compensatory damages are intended to help the victim get back on track and regain their financial security, which includes out-of-pocket expenses like medical bills as well as compensation for suffering and pain. Punitive damages are rare and are designed to punish the perpetrator for their extreme behavior.

This category covers all costs incurred as a result of the injury or accident. 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 home modifications to accommodate a disability that is permanent.

Non-economic damages are commonly called "pain and suffering" damages. They are more difficult to quantify and involve the emotional distress, mental suffering and anguish that an accident can cause. Your lawyer can help you value these damages based on the extent of your injury. This might be based on the ability to enjoy activities you used to do or the loss of your relationship with family members.

Statute of limitations

A legal requirement known as the statute of limitations stipulates that anyone injured in an accident file an action within a specified date or else their claim will be dismissed. This is done to prevent evidence from being forgotten or lost and to stop individuals from dragging litigation relating to incidents out indefinitely.

The exact length of time for filing a claim varies between states, however personal injury claims generally have a two-to four-year limitation. However there are exceptions that could extend the amount of time that a victim must submit their claim. They should seek legal advice for help to determine whether or not your case falls under one of the exceptions.

The statute of limitations only applies to lawsuits filed in the court. Many cases of injury are resolved through the process of filing an insurance claim and do not require a formal lawsuit filing. It is important to allow yourself enough time to bring a lawsuit in the event that insurance negotiations aren't as smooth as you had hoped, or if a problem arises that is not resolved by insurance.

Certain circumstances can stop 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 limitation may not begin until the victim is aware or should have known that the injury was caused by someone else's negligence. In some states, like 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 breached the duty of care, that this breach caused harm and losses to the plaintiff, and that the defendant should be held liable for those damages.

The first document filed in a personal injury lawsuit is known as the complaint, and it includes specific allegations regarding the incident that caused your injuries. It also lists the damages you are seeking. The complaint also contains a "prayer of relief" which describes what you want 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 Grand Prairie injury lawsuits is filed, the defendant must respond to the complaint within a specific time period, and they must either accept or deny the allegations in the complaint. The defendant can also file 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 documents 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 gather can also assist us to negotiate with the defendants' attorneys or insurance agents to get the best possible settlement offer.

Preliminary Conference

In a personal injury case the lawyer for you must prove that negligence on the part of the defendant led to your accident. You must be able to prove that you sustained injuries due to your accident and that those injuries warrant financial compensation.

It can be a lengthy process, but it's at the trial that you will find out if you get the compensation you deserve. In a trial before a jury, your lawyer will argue that the defendant is responsible and is required to compensate you for the losses you suffered. The defendant will present evidence that their actions do not contribute to the accident, which will keep them from having to compensate you for your losses.

Before you can proceed to trial, you must attend a preliminary conference. This is often the first time that your case will be subject to deadlines that are set by the Court itself. This is also the time where your attorney will discuss the case with the defense.

A judicial registrar, or an official of the court's staff, typically conducts preliminary conferences. All parties must attend the preliminary conference in person unless the case has been handled under the New York's Differentiated Case Management Rule or the Rules are otherwise exempted. If, however, a person is unable to attend in person they may take part via phone or online with the approval of the convenor. If your case is to be part of the Differentiated Case Management program, a preliminary conference will also be a chance to determine whether your case falls under one of the three categories that are expedited, standard, or complex.

Bill of Particulars

After the summons and complaint 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). When the Answer is filed, the case enters what is known as the discovery phase. During this time the parties exchange information in the form of written discovery demands and depositions.

Following the conclusion of discovery the attorney representing the plaintiff drafts what is known as a Bill of Particulars. The document details the legal claims that are being made and the relief sought, usually an award of money damages. The Bill of Particulars is intended to put the defendant on notice of the specific legal claims being filed so that he or she can prepare effectively for trial.

Before a Bill of Particulars can be followed, it must be examined by the court. Generally speaking, the court 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 negligence that are being claimed and not include any new claims. For instance, in Linker v. Jolly, 203 A.D.2d 527 (2nd Dept. In 1994, the court affirmed the motion to strike all the reference to willful or deliberate acts in a medical malpractice case.

In the same way, the court will not allow the introduction of a new theory of recovery at a disproportionately late point in the action. To avoid causing prejudice, a late amendment to a Bill of Particulars must be supported by an affidavit which provides a reasonable explanation for the tardiness of the amendment.

Physical Exam

When a defense attorney or insurance company asks you to take part in an Independent Medical Examination (IME) the first reaction could be to wonder the reason why a doctor who does not know you, your medical history, and the particulars of your incident is required to conduct an examination. However, this type of exam is actually an obligation under Washington law, and it can be helpful to your case.

Typically, IMEs are conducted by doctors medical who are hired by the defendant's insurance company and their goal is to offer an alternative perspective to your injuries. While they are sometimes referred to as "independent," these physicians, just like insurance companies - have their own agenda and financial interest in decreasing the amount of compensation that could be granted to a victim who has been injured.


If you decide to undergo an IME If you decide to undergo an IME, your Orange County personal injury lawyer will ensure that you are well-informed about what to expect and provide a copy of all relevant medical records for the doctor to examine. Your lawyer will be present during the IME to make sure that the questions asked by the doctor are in line with your medical records. It is not advisable to downplay or exaggerate the severity of your injuries to the doctors. They are trained to spot fraudulent behavior, and can utilize this information in court.